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CIA. MARITIMA SAN BASILLIO S.A. v. SHELL CANADA, LTD.

Nos. 73-1291, 73-1292.

490 F.2d 173 (1974)

CIA. MARITIMA SAN BASILLIO S.A. as owners of the S.S. EURYMEDON, Plaintiff-Appellant, v. SHELL CANADA LTD. et al., Defendants-Appellees. SHELL CANADA LIMITED as owner pro hac vice of the S.T. EMERILLON, Plaintiff-Appellee, v. CIA. MARITIMA SAN BASILLIO et al., Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided January 10, 1974.

Attorney(s) appearing for the Case

Kenneth H. Volk, New York City, with whom Preti & Flaherty, Portland, Maine, Burlingham Underwood & Lord, New York City, and Martin R. Johnson, Portland, Maine, were on brief, for appellants.

Benjamin Thompson, Portland, Maine, with whom Thompson, Willard, Smith & McNaboe, Portland, Maine, Haight, Gardner, Poor & Havens, Gordon W. Paulson, New York City, James P. Lansing, and David P. Cluchey, Portland, Maine, were on brief, for appellees.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

ALDRICH, Senior Circuit Judge.

In these cross libels arising out of a crossing collision in Maracaibo channel, Venezuela, on the night of March 2-3, 1970, the appeals present a single question, whether the court erred in finding appellant's vessel the only one at fault. This requires a detailed consideration of the evidence, having in mind the heavy burden that is upon appellant that we be firmly convinced that a mistake...

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