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IONIAN GLOW MARINE, INC. v. UNITED STATES

No. 81-1466.

670 F.2d 462 (1982)

In the Matter of the Complaint of IONIAN GLOW MARINE, INC., as Owner of the M/V STAR LIGHT for exoneration from or limitation of liability, Appellant, v. UNITED STATES of America, Appellee, and Donald Miller, Defendant, American Institute of Merchant Shipping, Council of American-Flay Ship Operators, Federation of American Controlled Shipping, The London Steam-Ship Owners' Mutual Insurance Association Limited, The North of England Protecting and Indemnity Association Limited, The Oceanus Mutual Underwriting Association (Bermuda) Ltd, The West of England Ship Owners Mutual Protection and Indemnity Association (Luxembourg), Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided January 26, 1982.

Attorney(s) appearing for the Case

Richard T. Robol, Charles R. Dalton, Jr., Norfolk, Va. (Seawell, Dalton, Hughes & Timms, Norfolk, Va., on brief), for appellant.

Thomas L. Jones, Dept. of Justice, Washington, D. C. (Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D. C., Justin W. Williams, U. S. Atty., Alexandria, Va., Mark A. Dombroff, Dept. of Justice, Washington, D. C., on brief), for appellee.

Kieron F. Quinn, M. Hamilton Whitman, Jr., Ober, Grimes & Shriver, Baltimore, Md., on brief, for amici curiae.

Before WIDENER, ERVIN and CHAPMAN, Circuit Judges.

CHAPMAN, Circuit Judge.

On March 4, 1979, the USS FRANCIS MARION and the M/V STAR LIGHT, a Greek flag cargo vessel collided off Cape Henry, Virginia. Both vessels sustained damages. Two Navy officers and a crewman on board the FRANCIS MARION were injured.

Appellant, Ionian Glow Marine, Inc., owner of the M/V STAR LIGHT brought suit seeking apportionment of damages under the divided damage rule in mutual fault collision...

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