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U.S. FIRE INS. CO. v. ALLIED TOWING CORP.

Nos. 90-1871, 90-1879 and 90-1882.

966 F.2d 820 (1992)

UNITED STATES FIRE INSURANCE COMPANY; Transerve Marine, Incorporated, Plaintiffs-Appellees, v. ALLIED TOWING CORPORATION, Defendant-Appellant, United States of America, Defendant & Third Party, Plaintiff-Appellee, and TUG STARCRESCENT, her engines, tackle, etc., in rem, Defendant, The TANK BARGE TMI 96, her engines, tackle, etc., in rem, Third Party Defendant. UNITED STATES FIRE INSURANCE COMPANY; Transerve Marine, Incorporated, Plaintiffs-Appellants, v. ALLIED TOWING CORPORATION, Defendant-Appellee, United States of America, Defendant & Third Party Plaintiff-Appellee, and TUG STARCRESCENT, her engines, tackle, etc., in rem, the Tank Barge TMI 96, her engines, tackle, etc., in rem, Defendants. UNITED STATES FIRE INSURANCE COMPANY; Transerve Marine, Incorporated, Plaintiffs-Appellees, v. ALLIED TOWING CORPORATION, Defendant-Appellee, United States of America, Defendant & Third Party Plaintiff-Appellant, and TUG STARCRESCENT, her engines, tackle, etc., in rem, the Tank Barge TMI 96, her engines, tackle, etc., in rem, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided May 21, 1992.

Attorney(s) appearing for the Case

Morton H. Clark, Vandeventer, Black, Meredith & Martin, Norfolk, Va., argued. (Daniel R. Warman, Williams, Worrell, Kelly, Greer & Frank, Norfolk, Va., on brief), for defendant-appellant.

Craig S. English, Chalos, English & Brown, New York City, James Patrick Jacobsen, Trial Atty., Civ. Div., U.S. Dept. of Justice, Washington, D.C., argued Stuart M. Gerson, Asst. Atty. Gen., Civ. Div., U.S. Dept. of Justice, Washington, D.C., Kenneth E. Melson, U.S. Atty., Norfolk, Va., for plaintiffs-appellees.

Before WILKINSON and LUTTIG, Circuit Judges, and OSTEEN, United States District Judge for the Middle District of North Carolina, sitting by designation.

OPINION

LUTTIG, Circuit Judge:

This admiralty case arises out of a collision involving a tug, a tow, and a Navy ship. Following the collision, the owner of the tow and its insurance company filed suit against the owner of the tug and the United States. The district court found both the tug and the Navy ship at fault for the collision and apportioned liability equally between the owner of the tug and the United States. The court awarded damages, but declined...

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