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UNITED STATES v. MOWBRAY'S FLOATING EQUIP.

No. 758, Docket 78-6176.

601 F.2d 645 (1979)

UNITED STATES of America, Plaintiff-Appellant-Cross-Appellee, v. MOWBRAY'S FLOATING EQUIPMENT EXCHANGE, INC., and Ellis Marine Corporation, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant-Cross-Appellee, v. Edward ATMANCHUCK et al., and LIGHTER VICTOR, in rem, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 15, 1979.

Attorney(s) appearing for the Case

Gilbert S. Fleischer, New York City, for plaintiff-appellant-cross-appellee.

James M. Kenny, New York City (McHugh, Heckman, Smith & Leonard, New York City, of counsel), for defendants-appellees.

Peter J. Dean, New York City (Bernard Rolnick, New York City, of counsel), for defendants-appellees-cross-appellants.

Before MULLIGAN, TIMBERS and VAN GRAAFEILAND, Circuit Judges.

MULLIGAN, Circuit Judge:

On April 19, 1973 the vessel Victor sank while tied at its berth in the Morris Canal Basin in New Jersey. Subsequently, oil seeped from the vessel into New York harbor. The instant action was commenced by the United States in the Southern District of New York to recover the clean up costs incurred by the U.S. Coast Guard as a result of the seepage. Appellant Atmanchuck, the owner of the Victor, cross-claimed against Ellis Marine Corporation...

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