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BATTERY STEAMSHIP CORP. v. REFINERIA PANAMA, S. A.

No. 342, Docket 73-2710.

513 F.2d 735 (1975)

BATTERY STEAMSHIP CORP., Plaintiff-Appellant, v. REFINERIA PANAMA, S. A. and United States of America, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 7, 1975.

Attorney(s) appearing for the Case

Robert J. Giuffra, New York City (Dougherty, Ryan, Mahoney, Pellegrino & Giuffra and Arthur Ian Miltz, New York City, on the brief), for plaintiff-appellant.

Terence Gargan, Admiralty and Shipping Section, New York, Dept. of Justice (Carla A. Hills, Asst. Atty. Gen., Paul J. Curran, U. S. Atty., S.D.N.Y., and Gilbert S. Fleischer, Atty. in Charge, Admiralty and Shipping Section, New York, on the brief), for defendants-appellees.

Before ANDERSON, MULLIGAN and VAN GRAAFEILAND, Circuit Judges.

ROBERT P. ANDERSON, Circuit Judge:

The SS Elwell, owned by the appellant, Battery Steamship Corp., and under time charter to the appellee, Military Sea Transport Service (MSTS), an agency of the United States, was damaged on June 25, 1967, when an oil carrier owned and operated by Refineria Panama, S. A. (Refineria), struck the Elwell while attempting to refuel her in Colon Bay, Republic of Panama. Within a day of the accident, Battery Steamship notified MSTS, which...

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