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IBERIAN TANKERS CO. v. GATES CONSTRUCTION CORP.

No. 68 Civ. 4495.

388 F.Supp. 1190 (1975)

IBERIAN TANKERS COMPANY, Plaintiff, v. GATES CONSTRUCTION CORP., Defendant.

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

January 15, 1975.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for plaintiff; Donald M. Waesche, Jr., New York City, of counsel.

Hill, Rivkins, Carey, Loesberg & O'Brien, New York City, for defendant; J. Edwin Carey, Raymond P. Hayden, New York City, of counsel.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

As appears from my previous opinion (369 F.Supp. 474) this is a mutual fault case not involving a collision. In other words, although the fault of both parties contributed to the accident, defendant was the only one against whom recovery could be had. In these circumstances I felt myself constrained by The Wright (2d Cir...

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