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A & S TRANSP. CO., INC. v. TUG FAJARDO

No. 81-1770.

688 F.2d 1 (1982)

A & S TRANSPORTATION CO., INC., et al., Plaintiffs, Appellees, v. The TUG FAJARDO, etc., et al., Defendants, Appellees, v. The UNITED STATES of America, Third Party Defendant, Appellee. PCI International, Inc., Plaintiff, Appellant.

United States Court of Appeals, First Circuit.

Decided September 1, 1982.

Attorney(s) appearing for the Case

Nicolas Jimenez, with whom Jimenez & Fuste, San Juan, Puerto Rico, was on brief, for plaintiff, appellant.

William P. Kardaras, with whom Bigham, Englar, Jones & Houston, New York City, was on brief, for appellees.

Before FAIRCHILD, Senior Circuit Judge, CAMPBELL and BOWNES, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

Plaintiff PCI International, Inc. (PCI) seeks damages from Puerto Rico Lighterage Company and its underwriters for loss of use of a waste disposal barge of which it was the bareboat charterer. The barge was stranded, and became a total loss, while being towed by a tug (the "Fajardo") owned by Lighterage pursuant to a written agreement of towage with PCI. PCI asserts that the stranding was due to the carelessness of the tug, and that...

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