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RELIABLE TRANSFER CO., INC. v. UNITED STATES

Nos. 540, 803, Dockets 73-1513, 73-2325.

497 F.2d 1036 (1974)

RELIABLE TRANSFER CO., INC., Plaintiff-Appellee and Cross-Appellant, v. UNITED STATES of America, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 23, 1974.

Attorney(s) appearing for the Case

Herbert B. Halberg, New York City (Krisel, Beck & Halberg, New York City, on the brief), for plaintiff-appellee and cross-appellant Reliable Transfer Co., Inc.

Janis G. Schulmeisters, Atty., Admir. & Ship. Section, Dept. of Justice, New York City (Harlington Wood, Jr., Asst. Atty. Gen., Washington, D. C., Robert A. Morse, U. S. Atty., Brooklyn, N. Y., and Gilbert S. Fleischer, Atty. in Charge, Admir. & Ship. Section, Dept. of Justice, New York City, on the brief), for defendant-appellant and cross-appellee United States.

Before LUMBARD, FRIENDLY and TIMBERS, Circuit Judges.

PER CURIAM:

This case arises from a little saga of the sea — this time involving a coastal tanker, the Mary A. Whalen, that got lost in the waters just outside New York harbor on a clear night in December 1968 when the seas were rough, the tide was running strong and a breakwater light maintained by the Coast Guard was out. The tanker ended up stranded on a sand bar off Rockaway Point.

The owner of the tanker, Reliable Transfer Co., Inc., invoking the...

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