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CLAIM OF GYPSUM CARRIER

Civ. A. No. 2798.

465 F.Supp. 1050 (1979)

Claim of GYPSUM CARRIER (bareboat charterer) and Oceanic Carrier (owner) of the MOTORSHIP PACIFIC CARRIER as Assignees of Seaboard Coast Line Railroad Company against Union Camp Corporation and the United States.

United States District Court, S. D. Georgia.

February 12, 1979.

Attorney(s) appearing for the Case

George H. Chamlee, Chamlee, Dubus, Sipple & Walter, Savannah, Ga., for Pacific Carrier, Gypsum Carrier, Inc., and Oceanic Carrier, Inc.

Kirk M. McAlpin, King & Spalding, Atlanta, Ga., Stanley R. Wright, Ulmer, Murchison, Ashby & Ball, Jacksonville, Fla., for Union Camp Corp.

David V. Hutchinson, Dept. of Justice, Admiralty and Shipping Section, Washington, D. C., for the U. S.

Arnold C. Young, Hunter, Houlihan, Maclean, Exley, Dunn & Connerat, Savannah, Ga., for Seaboard Coastline R. Co. as assignor of its rights to Pacific Carrier and its owner and charterer in settlement of its claim with the latter.

OPINION

LAWRENCE, Senior District Judge.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I.

Background of Litigation

In threatening weather, unfavorable tide and with a tornado watch in effect for the immediate area, the 580 foot Pacific Carrier headed out to sea on the night of April 23, 1971. Shortly after she was undocked a very heavy rainfall commenced. About one mile from where the vessel had undocked she collided...

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