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PETITION OF ALVA S.S. CO., LTD.

Nos. 578, 677 and 678, Dockets 79-7621, 79-7653 and 79-7681.

616 F.2d 605 (1980)

In the Matter of the Amended Petition of ALVA STEAMSHIP CO., LTD., Owner of the M/T ALVA CAPE, for exoneration from or limitation of liability. ALVA STEAMSHIP CO., LTD., Petitioner and Third Party Plaintiff-Appellant, v. The CITY OF NEW YORK, Third Party Defendant-Appellee-Appellant, and Merritt-Chapman & Scott Corporation, Third Party Defendant-Appellee-Appellant, and Walter A. Kidde & Co., Inc. et al., Third Party Defendants.

United States Court of Appeals, Second Circuit.

Decided January 30, 1980.

Attorney(s) appearing for the Case

William P. Kain, Jr., New York City (Haight, Gardner, Poor & Havens, James M. Hazen, Robert Alexander Hulten, New York City, of counsel), for petitioner and third party plaintiff-appellant, Alva S. S. Co., Ltd.

Robert S. Blanc, New York City (Hill, Betts & Nash, Terence Gargan, Henry F. White, Jr., New York City, of counsel), for third party defendant-appellee-appellant, Merritt-Chapman & Scott Corp.

Wilbur E. Dow, Jr., Lake George, N.Y. (R. Lee Dow, Lake George, N.Y., of counsel), for third party defendant-appellee-appellant, City of New York.

Before LUMBARD and VAN GRAAFEILAND, Circuit Judges, and CARTER, District Judge.

LUMBARD, Circuit Judge:

This case presents a complex of liability apportionment issues surrounding the explosion during salvage operations of the M/T Alva Cape, which had previously been involved in one of the most serious marine fires in the history of New York harbor.1 Judge Conner found the owners of the vessel liable to the extent of 20% of the damages; the salvors liable for 70%; and the City of New York liable for 10%. We affirm...

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