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NAVIEROS OCEANIKOS, ETC. v. S.T. MOBIL TRADER

Nos. 439, 965, Dockets 76-7284, 76-7297.

554 F.2d 43 (1977)

NAVIEROS OCEANIKOS, S.A., owner of the LIBERIAN VESSEL TRADE DARING, Plaintiff-Appellant-Appellee, v. S.T. MOBIL TRADER, her engines, boilers, etc., Mobil Oil Corporation, the owner of the MOBIL TRADER, and Mobil Sales & Supply Corporation, Defendants and Third-Party Plaintiffs-Appellees-Appellants, v. TRADE & TRANSPORT, INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 20, 1977.

Attorney(s) appearing for the Case

Theodore P. Daly, New York City (Poles, Tublin, Patestides & Stratakis, Alan Van Praag, New York City, of counsel), for plaintiff-appellant and third-party defendant-appellee.

Donald M. Waesche, Jr., New York City (Bigham Englar Jones & Houston, Louis G. Juliano, New York City, of counsel), for defendants and third party plaintiffs-appellees-appellants.

Before MANSFIELD and VAN GRAAFEILAND, Circuit Judges, and MISHLER, District Judge.

MISHLER, District Judge:

On March 18, 1971, shortly after midnight, a fire broke out in the engine room of the Liberian tankship M/V Trade Daring ("Daring"). The ship was a constructive loss, and the present litigation ensued.

The action was brought by the owner of the Daring against the Mobil Oil Corporation ("Mobil"), the owner of the S.T. Mobil Trader ("Trader"), a self-propelled tank barge that had been contracted by the plaintiff to refuel, or "bunker...

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