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EAST RIVER S.S. v. DELAVAL TURBINE

No. 83-5192.

752 F.2d 903 (1985)

EAST RIVER STEAMSHIP CORP., A New York Corporation; Kingsway Tankers, Inc., A New York Corporation; Queensway Tankers, Inc., A Delaware Corporation; Richmond Tankers, Inc., a Delaware Corporation, Appellants, v. DELAVAL TURBINE, INC., now known as Transamerica Delaval Inc., A Delaware Corporation, Appellees.

United States Court of Appeals, Third Circuit.

Reargued November 13, 1984.

Decided January 16, 1985.

As Amended January 28, 1985.

Rehearing and Rehearing Denied February 13, 1985.

Attorney(s) appearing for the Case

Clarkson S. Fisher, Jr. (argued), George J. Koelzer, Evans, Koelzer, Osborne, Kreizman & Bassler, Red Bank, N.J., Thomas E. Durkin, Jr., James T. Owens, Newark, N.J., for appellants.

Robert E. Smith (argued), Norman L. Greene, Guggenheimer & Untermyer, New York City, Waldron Kraemer, Kasen, Kraemer, Burns & Lovell, Newark, N.J., for appellees.

Before ALDISERT, Chief Judge, and SEITZ, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM and BECKER, Circuit Judges.

Reargued In Banc November 13, 1984.

Rehearing and Rehearing En Banc Denied February 13, 1985.

Argued November 18, 1983

Before HIGGINBOTHAM and BECKER, Circuit Judges, and NEWCOMER,* District Judge.

Reargued In Banc November 13, 1984

Before ALDISERT, Chief Judge, and SEITZ, GIBBONS, HUNTER, WEIS, GARTH, HIGGINBOTHAM and BECKER, Circuit Judges.

OPINION OF THE COURT

JAMES HUNTER, III,...

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