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MYSTIC STEAMSHIP CORPORATION v. M/S ANTONIO FERRAZ

Nos. 765, 852, Dockets 73-2350, 74-1145.

498 F.2d 538 (1974)

MYSTIC STEAMSHIP CORPORATION, Plaintiff-Cross-Appellee, v. M/S ANTONIO FERRAZ, her engines, etc., and Navegacao Mercantil S.A., Defendants-Cross-Appellants. NAVEGACAO MERCANTIL S.A., Plaintiff-Appellee and Cross-Appellant, v. The TUG BETTY MORAN, her engines, tackle apparel, etc., and Moran Towing Corporation, Defendants-Appellants and Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 5, 1974.

Attorney(s) appearing for the Case

Robert B. Pohl, New York City (Burlingham Underwood & Lord, New York City, of counsel), for appellants-cross-appellees The Betty Moran and Moran Towing Corp. and plaintiff-cross-appellee Mystic Steamship Corp.

Joseph M. Brush, New York City (Cichanowicz & Callan, New York City, of counsel), for appellee-cross-appellants M/S Antonio Ferraz and Navegacao Mercantil S. A.

Before HAYS and OAKES, Circuit Judges, and CHRISTENSEN, District Judge.

OAKES, Circuit Judge:

These are appeals and cross appeals by the owners of the tug Betty Moran and the M/S Antonio Ferraz ("Ferraz") from an interlocutory decree (settling all issues save for the question of damages) of the district court holding both responsible for a collision between the Ferraz and the barge Eastern No. 2, owned by Mystic Steamship Corp. The collision occurred in the early morning of June 11, 1968, off Cape Henry, Virginia, at the entrance to Chesapeake...

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