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NYE v. A/S D/S SVENDBORG

Nos. 700, 846 and 1006, Dockets 73-2280, 73-2313 and 73-2417.

501 F.2d 376 (1974)

Dorris E. NYE, Individually and as Administratrix of the Estate of Charles W. Nye, Deceased, et al., Appellees-Appellants, v. A/S D/S SVENDBORG and D/S AF 1912 A/S, Appellants-Appellees. A/S D/S SVENDBORG and D/S AF 1912 A/S, Appellees-Appellants, v. MARINE ENGINE SPECIALTIES CORPORATION, Appellant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 17, 1974.

Attorney(s) appearing for the Case

Herman Schmertz, New York City (Gair, Gair & Conason, New York City, of counsel), for appellees-appellants Dorris E. Nye, Susan Pamela Nye, Judith Denise Nye, Gloria Jane Nye, Philip Rex Nye and Donna Charlene Nye.

William P. Kain, Jr., New York City (Haight, Gardner, Poor & Havens, and Thomas F. Molanphy, New York City, of counsel), for appellees-appellants A/S Svendborg and D/S AF 1912 A/S.

William F. Larkin, New York City (Larkin, Wrenn & Cumisky, and Coppola & D'Onofrio, New York City, of counsel), for appellant-appellee Marine Engine Specialties Corp.

Before MOORE, FEINBERG and MULLIGAN, Circuit Judges.

MOORE, Circuit Judge:

The t/t Evelyn Maersk is a turbine tanker of 53,277 gross tons and 35,998 net tons. She is approximately 880 feet long, has a molded depth of nearly 60 feet and is powered by a 22,500 shaft horsepower, steam turbine engine. The Evelyn Maersk sailed on her maiden voyage from Elsinore, Denmark, on December 24, 1967, bound for the Persian Gulf. While at sea on December 26, 1967, a feed pump supplying water to the vessel's boilers broke down and...

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