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GETTY OIL CO., ETC. v. SS PONCE DE LEON

Nos. 845, 971, Dockets 76-7575, 76-7599.

555 F.2d 328 (1977)

GETTY OIL COMPANY (EASTERN OPERATIONS), INC., Plaintiff-Appellant-Cross-Appellee, v. SS PONCE DE LEON, her engines, tackle, etc., Sun Leasing Co., and Transamerican Trailer Transport, Inc., Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 16, 1977.

Attorney(s) appearing for the Case

Lawrence J. Bowles, New York City (Kirlin, Campbell & Keating, New York City, Richard H. Brown, Jr., New York City, of counsel), for plaintiff-appellant-cross-appellee.

Lawrence J. Mahoney, New York City (Dougherty, Ryan, Mahoney, Pellegrino & Giuffra, New York City, Vincent J. Barra, New York City, of counsel), for defendants-appellees-cross-appellants.

Before CLARK, Associate Justice, and MOORE and MULLIGAN, Circuit Judges.

MULLIGAN, Circuit Judge:

On the early afternoon of May 10, 1973 in a dense fog in New York harbor there was a collision between the "Wilmington Getty", a vessel owned by the plaintiff Getty Oil Company (Eastern Operations), Inc. (Getty) and the "Ponce De Leon", a vessel owned by the defendant Sun Leasing Co. and operated by the defendant Transamerican Trailer Transport, Inc. Both vessels were damaged. The ensuing admiralty claim was brought by Getty in the United...

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