ALLIED CHEMICAL CORP. v. HESS TANKSHIP CO. OF DEL.

No. 79-3505.

661 F.2d 1044 (1981)

ALLIED CHEMICAL CORPORATION, Plaintiff-Appellee, v. HESS TANKSHIP COMPANY OF DELAWARE, Amerada Hess Corporation, et al., Defendants-Appellees-Cross Appellants, AMERICAN HULL SYNDICATE, Defendants-Third Party Plaintiff-Appellee, v. ALLIED TOWING CORPORATION as Owner of the Tug Socrates, et al., Third Party Defendants-Appellants-Cross Appellees, v. DeFELICE TOWING COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A.

November 20, 1981.


Attorney(s) appearing for the Case

Alfred M. Farrell, Jr., New Orleans, La., Hugh S. Meredith, Norfolk, Va., for appellants.

John W. Sims, J. Barbee Winston, New Orleans, La., for Hess Tankship & Amerada Hess.

Arthur J. Blank, Jr., New York City, William J. Larzelere, Jr., Charles E. Lugenbuhl, New Orleans, La., for Allied Chemical & DeFelice Towing.

Robert B. Deane, New Orleans, La., for Great Fortune Navigation.

Michael Kimmel, Appellate Staff, Civil Div., U.S. Dept. of Justice, Washington, D.C., for the United States.

Before BROWN, GEWIN and POLITZ, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

Prelude

It was a dark and stormy night. A patchy, low-lying fog covered the murky waters of the river and obscured the banks. Ships, passing in the night, were but phantoms, vague outlines disappearing into the mist. Ships' whistles, echoing across the dark expanse, seemed like mournful cries from another world. Then suddenly, looming out of the darkness, another ship appeared. The distance was too small; time too short...

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