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FITZGERALD v. TEXACO, INC.

Nos. 195, 205, Dockets 74-1958, 74-1468.

521 F.2d 448 (1975)

Thomas I. FITZGERALD, Public Administrator of the County of New York, Administrator of the Estate of Hagen Pastewka, Deceased and Monica Pastewka, Individually, Plaintiffs-Appellants, v. TEXACO, INC., and Texaco Panama, Inc., Defendants-Appellees, and Consolidated Cases.

United States Court of Appeals, Second Circuit.

Decided June 25, 1975.

As Modified on Denial of Rehearing July 25, 1975.

Certiorari Denied January 12, 1976.

Attorney(s) appearing for the Case

MacDonald Deming, New York City (Haight, Gardner, Poor & Havens, and Emil A. Kratovil, Jr., New York City, on the brief), for appellants Hapag-Lloyd, A. G., and Stork Amsterdam N. V., and others.

Harvey Goldstein, New York City (Fuchsberg & Fuchsberg, New York City, on the brief), for appellant Thomas I. Fitzgerald, as Administrator for Estate, etc.

Alvin L. Stern, New York City (Poles, Tublin, Patestides & Stratakis, Melvin J. Tublin and John J. Devine, Jr., New York City, on the brief), for appellees Texaco Inc. and Texaco Panama Inc.

Before ANDERSON, MANSFIELD and OAKES, Circuit Judges.

Certiorari Denied January 12, 1976. See 96 S.Ct. 781.

ROBERT P. ANDERSON, Circuit Judge:

On January 12, 1971, the M/V Brandenburg, a German vessel, struck the wreckage of the S/T Texaco Caribbean, a Panamanian vessel, owned by Texaco Panama, Inc. (Texpan), a foreign subsidiary of Texaco, Inc. (Texaco), in the Dover Straits 12 miles from the coast of England, where the Texaco Caribbean lay submerged as a result of a collision the previous day with the M/V Paracas...

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