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EMPRESA LINEAS MARITIMAS ARGENTINAS S.A. v. U.S.

No. 82-1867.

730 F.2d 153 (1984)

EMPRESA LINEAS MARITIMAS ARGENTINAS S.A. as Owner of the Motor Vessel SANTA CRUZ II, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 21, 1984.

Attorney(s) appearing for the Case

David V. Hutchinson, Sr. Admiralty Counsel, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., J. Frederick Motz, U.S. Atty., Baltimore, Md., on brief), for appellant.

Kieron F. Quinn, Baltimore, Md. (M. Hamilton Whitman, Jr., Ober, Grimes, & Shriver, Baltimore, Md., on brief), for appellee.

Before WINTER, Chief Judge, MURNAGHAN, Circuit Judge, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

The United States appeals from an order denying its claim for limitation of liability under 46 U.S.C. § 183(a) (1958). We affirm the judgment of the district court.

I

This suit arises out of a collision between the United States Coast Guard Cutter Cuyahoga and the Argentinian freighter, Santa Cruz II. How the collision occurred is undisputed. On a clear night in October 1978, the Cuyahoga, under the command of...

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