In the Matter of the Complaint of The CONNECTICUT NATIONAL BANK, Trustee, as Owner; General Electric Credit Corporation, as Sole Beneficiary of Grantor Trust; 660 Leasing Company, as Bareboat Charterer; Connecticut Transport, Inc., as Owner pro hac vice and Bareboat Subcharterer of S/S Omi Yukon, for Exoneration from Or Limitation of Liability, Plaintiffs,
HAWAIIAN INDEPENDENT REFINERY, INC., and Pacific Resources, Inc., Claimants and Third-Party Plaintiffs,
v.
OMI CORP., Third-Party Defendant.
OMI CORP., Third-Party Defendant and Fourth-Party Plaintiff,
and
The Connecticut National Bank, et al., Plaintiffs and Fourth-Party Defendants,
v.
CALEB BRETT U.S.A., INC., Fourth-Party Defendant.
United States District Court, S.D. New York.https://leagle.com/images/logo.png
June 8, 1988.
June 8, 1988.
Attorney(s) appearing for the Case
Burlingham Underwood & Lord, New York City; W. Thaddeus Miller, of counsel, William M. Kimball, New York City, for plaintiffs and third-party defendant, Connecticut Nat. Bank, et al. and OMI Corp.
Freehill Hogan & Mahar, New York City; John J. Walsh, of counsel, for fourth-party plaintiff Caleb Brett U.S.A. Inc.
Cadwalader Wickersham & Taft, New York City; Theodore A. Ulrich, of counsel, for claimants and third-party plaintiffs Hawaiian Independent Refinery and Pacific Resources, Inc.
Wagner Cunningham Vaughan & McLaughlin, Tampa, Fla., Alexander Ash Schwartz & Taft, New York City, for claimant Fairbourne.
Mahan & Rolph, San Francisco, Cal., for claimant Devitt.
Mark Ezell, Butler, Ala., for claimant Turk.
Kreindler & Kreindler, New York City (Paul S. Edelman, of counsel), for claimants Devitt and Turk.
James W. Whitten, Corpus Christi, Tex., Sharpe & Kajander, Houston, Tex., Leonard Kenny & Stearns, New York City (James Kenny, of counsel), for claimant Connolly.
Stephen A. Rappenecker, P.A., Gainesville, Fla., Williams & Harmon, Anniston, Ala., for claimant Baker.
Sullivan Johnson Boyle & Nurik, San Francisco, Cal., for claimants Diola, Guidice, Givens, Jones, Kleete, Lee, Pinkham, Ragucci, Rush, Russell, Schultz and Varn.
Phillips & Cappiello, P.C., New York City (George J. Cappiello, Jr., of counsel), for claimants Baker, Diola, Guidice, Givens, Jones, Kleete, Lee, Pinkham, Ragucci, Rush, Russell, Schultz and Varn.
Livingston & Weiss, P.C., San Francisco, Cal. (Mark J. Romeo, of counsel), Warren Wynshaw, New York City, for claimant Duffy.
United States District Court, S.D. New York.
OPINION
ROBERT L. CARTER, District Judge.
In October, 1986 the S/S OMI YUKON left Barber's Point, Hawaii in route to Pusan, Korea. Three days out of Hawaii, explosions and fires occurred on the vessel causing death to four crew members and injuring others. The vessel was towed to Japan where it was declared a constructive total loss.
The vessel was owned by the Connecticut National Bank ("CNB") as trustee for General Electric Credit Corp. ("GECC...
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