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FEDERAL COMMERCE & NAV. CO. v. M/V MARATHONIAN

No. 198, Docket 75-7274.

528 F.2d 907 (1975)

FEDERAL COMMERCE & NAVIGATION COMPANY, LTD., Plaintiff-Appellant, v. The M/V MARATHONIAN, her engines, etc. and Europa Shipping Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 29, 1975.

Certiorari Denied May 19, 1976.

Attorney(s) appearing for the Case

Nicholas J. Healy, New York City (Healy & Baillie, Edward J. Miller, New York City, of counsel), for plaintiff-appellant.

Kenneth H. Volk, New York City (Burlingham, Underwood & Lord, Michael C. Bynane, New York City, of counsel), for defendants-appellees.

Before KAUFMAN, Chief Judge, and SMITH and FEINBERG, Circuit Judges.

PER CURIAM:

Federal Commerce & Navigation Company, Ltd., time charterer of the M/V ROLWI, sued in the district court for the Southern District of New York for damages of some $700,000 sustained while the ROLWI was laid up as a result of damage sustained in a collision with the M/V MARATHONIAN, owned and operated by defendant Europa Shipping Corporation.

The district court, John M. Cannella, Judge, in a considered and thorough opinion reluctantly...

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