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TUG OCEAN PRINCE, INC. v. UNITED STATES

Nos. 842, 901, 902, Dockets 77-6190, 6195.

584 F.2d 1151 (1978)

Complaint of TUG OCEAN PRINCE, INC., and Red Star Towing & Transportation Co., as Owner and Charterer of the Tug "Ocean Prince", for Exoneration from or Limitation of Liability, Plaintiffs-Third Party Plaintiffs-Appellees-Cross-Appellants, v. UNITED STATES of America, Third Party Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. PITTSTON MARINE TRANSPORT CORP., Defendant-Appellee, Tug Ocean Prince, Inc. and Red Star Towing & Transportation Co., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 7, 1978.

Attorney(s) appearing for the Case

McHugh, Heckman, Smith & Leonard, New York City, for Pittston Marine Transport Corp.

Healy & Baillie, New York City, for Tug Ocean Prince, Inc. and Red Star Towing & Transp. Co.

Thomas J. Cahill, U. S. Atty., Gilbert S. Fleischer, Atty. in Charge Admiralty & Shipping Section, Washington, D. C., Janis G. Schulmeisters, Trial Atty., New York City, for United States of America.

Before OAKES, Circuit Judge, BLUMENFELD, Senior District Judge, MEHRTENS, Senior District Judge.

MEHRTENS, Senior District Judge:

The oil-laden Barge New London, push-towed by the Tug Ocean Prince, struck a charted rock outside the navigable channel in the Hudson River, sustaining damage and causing a considerable oil spill. Tug Ocean Prince, Inc. and Red Star Towing & Transportation Co. (Red Star), the owner and charterer of the Tug Ocean Prince, petitioned for exoneration from or limitation of liability under 46 U.S.C. § 183 et seq. in which...

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