POLAR SHIPPING LTD. v. ORIENTAL SHIPPING CORP.

No. 79-4485.

680 F.2d 627 (1982)

POLAR SHIPPING LIMITED, Plaintiff-Appellant, v. ORIENTAL SHIPPING CORPORATION; Taiwan Marine Corporation; Sanko Steamship Company, Limited, Defendants-Appellees, and Pacific Resources, Inc.; Pacific Resources Terminals, Inc.; Hawaiian Independent Refinery, Inc.; Shell International Petroleum Co., Ltd.; Shell Oil Company; and Pacific Resources, Ltd., Garnishees.

United States Court of Appeals, Ninth Circuit.

Reassigned April 7, 1982.

Decided June 30, 1982.


Attorney(s) appearing for the Case

Raymond A. Connell, Healy & Baillie, New York City, argued, for plaintiff-appellant; David W. Proudfoot, Bruce Bigelow, Case, Kay & Lynch, Honolulu, Hawaii, on brief.

Sheldon A. Vogel, Thacher, Proffitt & Wood, New York City, argued, for defendants-appellees; George W. Ashford, Jr., Honolulu, Hawaii, on brief.

Before DUNIWAY and ALARCON, Circuit Judges, and BYRNE, District Judge.


DUNIWAY, Circuit Judge:

I. The Facts.

On January 15, 1970, Polar Shipping Limited ("Polar"), as owner, and Oriental Shipping Corporation, as charterer, entered into a charter of the vessel M/T Polar Saturn, since renamed Globtik Saturn. The charter was amended to name Oriental and S.S. Sanko Co., Ltd., jointly and severally, as charterers. Oriental is now called Taiwan Marine Corporation. We refer to the charterers as "Sanko."

The charter...

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