COMPLAINT OF BANKERS TRUST CO.

Nos. 80-1405, 80-1450 and 80-1494 to 80-1497.

651 F.2d 160 (1981)

In the Matter of The Complaint of BANKERS TRUST COMPANY, As Owner-Trustee and Monsanto Company As Chartered Owner, and Keystone Shipping Co., As Chartered Owner and Operator of the S.S. EDGAR M. QUEENY, for Exoneration From and Limitation of Liability. and VILLANEUVA COMPANIA NAVIERA, S.A., Amoco Overseas Oil Company and Amoco Transport Company, Third-Party Plaintiffs, v. BETHLEHEM STEEL CORPORATION, General Electric Company and The William Powell Company, Third-Party Defendants. Appeal of BANKERS TRUST COMPANY, Monsanto Company and Keystone Shipping Co., at No. 80-1405. Appeal of B. P. OIL INC. and SOHIO Petroleum Company, Claimants, at No. 80-1450. Appeal of VILLANEUVA COMPANIA NAVIERA, S.A., at No. 80-1496. In the Matter of Complaint of VILLANEUVA COMPANIA NAVERIA, S.A., Owner of the TANK VESSEL CORINTHOS, for Exoneration From and Limitation of Liability, Royal Globe Insurance Company, Intervenor Plaintiff. NATIONAL GRANGE MUTUAL INSURANCE COMPANY and Insurance Company of North America v. BETHLEHEM STEEL CORPORATION, General Electric Company, The William Powell Company, British Petroleum, Ltd., B. P. Oil Inc. and SOHIO Petroleum Company, Third-Party Defendants. Appeal of BANKERS TRUST COMPANY, Monsanto Company and Keystone Shipping Co., at No. 80-1494. Appeal of B. P. OIL INC. and SOHIO Petroleum Company, Claimants, at No. 80-1495. Appeal of VILLANEUVA COMPANIA NAVIERA, S.A., at No. 80-1497.

United States Court of Appeals, Third Circuit.

Decided May 15, 1981.

Rehearings and Rehearings Denied July 8, 1981.

As Amended July 24, 1981.


Attorney(s) appearing for the Case

James F. Young, and Thomas Fisher, III, Krusen, Evans & Byrne, Philadelphia, Pa., for appellants in Nos. 80-1405 and 80-1494 and as cross-appellees in No. 80-1450 and 80-1495/7.

Richard W. Palmer, Palmer, Biezup & Henderson, Philadelphia, Pa., for appellee in No. 80-1405, 80-1450, 80-1494, 80-1495 and cross-appellant in No. 80-1496/7.

Edward V. Cattell, Jr., Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for appellees in No. 80-1405, 80-1494, 80-1496/7 and as cross-appellants in No. 80-1450 and 80-1495.

Before WEIS and HIGGINBOTHAM, Circuit Judges, and DEBEVOISE, District Judge.


Rehearings and Rehearings En Banc Denied July 8, 1981.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

This action is the result of a collision that occurred early on the morning of January 31, 1975 on the Delaware River in Marcus Hook, Pennsylvania. The collision took place when the chemical carrier S.S. EDGAR M. QUEENY (QUEENY), an American steamship, struck the crude oil tanker S.T. CORINTHOS (CORINTHOS), a Liberian steam tanker...

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