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VENORE TRANSP. CO. v. M/V STRUMA

No. 77-1935.

583 F.2d 708 (1978)

VENORE TRANSPORTATION COMPANY, a corporation of the Republic of Liberia, Appellant, v. M/V STRUMA, her engines, her boilers, tackle, etc., and Bulk Transport Corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 5, 1978.

Attorney(s) appearing for the Case

H. M. McCormack (Donald A. Krach, Niles, Barton & Wilmer, Baltimore, Md., on brief), for appellant.

David R. Owen, Baltimore, Md. (Semmes, Bowen & Semmes, Baltimore, Md., Arthur J. Blank, Jr., Hill, Betts & Nash, New York City, on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and WINTER and BUTZNER, Circuit Judges.

HAYNSWORTH, Chief Judge.

Venore Transportation Company, time charterer of the 55,000 ton S. S. OSWEGO LIBERTY, sought damages from the 60,000 ton M/V STRUMA and her owner, Bulk Transport Corporation, for loss of use of the OSWEGO LIBERTY after the two vessels had been in a collision. The district court entered summary judgment for the defendants, reasoning that the claim was foreclosed by the Supreme Court's decision in Robins Dry Dock and Repair Co. v. Flint,...

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