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JAMES RIVER TRANSPORT, INC. v. STEAMSHIP NASHBULK

No. 72 Civ. 1768.

381 F.Supp. 358 (1974)

JAMES RIVER TRANSPORT, INC., as Owner of the STEAMSHIP JAMES, Plaintiff, v. STEAMSHIP NASHBULK, her engines, boilers, etc., and National Bulk Carriers, Inc., her owner, Defendants.

United States District Court, S. D. New York, Civil Division.

April 19, 1974.

Attorney(s) appearing for the Case

Burlingham Underwood & Lord, New York City, by Joseph C. Smith, New York City, of counsel, for plaintiff.

Bigham Englar Jones & Houston, New York City, by Louis P. Sheinbaum, New York City, of counsel, for defendants.

OPINION

WHITMAN KNAPP, District Judge.

At approximately 10:40 P.M. on August 14, 1970 two ships collided while both were anchored in Sasebo Harbor, Japan waiting for typhoon winds — stipulated to have been from the northeast at 56 knots (or greater than 60 mph) — to subside. Each ship sustained damage and seeks a declaration that the other was at fault, and that such fault proximately cause the...

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