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COMPLAINT OF PACIFIC BULK CARRIERS, INC.

Nos. 548, 1666, Dockets 79-7534, 79-7573.

639 F.2d 72 (1980)

In the Matter of the Complaint of PACIFIC BULK CARRIERS, INC. as Owner of the M.V. Atlantic Hope for the Exoneration from or Limitation of Liability. PACIFIC BULK CARRIERS, INC., Plaintiff-Third-Party-Plaintiff-Appellant-Cross-Appellee, v. M.V. SADOHARU MARU and Yamashita Shinnihon Kisen, K.K., Third-Party-Defendant-Appellee, and United States Lines, Inc., as Owner of S.S. American Aquarius and United States Lines, Inc., Claimant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 16, 1980.

Attorney(s) appearing for the Case

Richard H. Brown, Jr., New York City (Kirlin, Campbell & Keating, Harry A. Gotimer, New York City, of counsel), for United States Lines, Inc.

David C. Wood, New York City (Burke & Burke, New York City, of counsel), for Pacific Bulk Carriers, Inc.

John C. Koster, New York City (Healy & Baillie, Allan A. Baillie, New York City, of counsel), for Yamashita Shinnihon Kisen, K.K.

Before MOORE, FRIENDLY and MESKILL, Circuit Judges.

MOORE, Circuit Judge:

This litigation arises from the collision of two ships, the M.V. Atlantic Hope (Hope) and the S.S. American Aquarius (Aquarius), in international waters south of Japan early in the morning of April 20, 1973. The trial court (Honorable Charles E. Stewart, Judge, Southern District of New York), based on findings of fact, held Pacific Bulk Carriers, Inc., as owner of the Hope, 80% liable for the collision and United States Lines, Inc., as owner...

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