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PACO TANKERS v. THE RODAS

Nos. 133-308, 138-221.

80 F.Supp. 587 (1948)

PACO TANKERS, Inc. v. THE RODAS. N/V CURACAOSCHE SHEEPVAART MAATSCHAPPIJ v. THE CHAS KURZ et al.

United States District Court S. D. New York.

September 29, 1948.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox & Keating, of New York City (Raymond T. Greene, Eugene F. Gilligan and Ira A. Campbell, all of New York City, of counsel), for libelant and cross-respondent.

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark, A. Howard Neely and Charles E. Wythe, all of New York City, of counsel), for The Rodas.

RIFKIND, District Judge.

These cross libels arose out of a collision between S. S. Charles Kurz and S. S. Rodas in the sea off Puerto la Cruz, Venezuela, at 1:45 a. m. on November 7, 1942.

It was a clear, dark, moonless, tropical night. The sea was unruffled. Both the Charles Kurz and the Rodas had, on November 6th, taken on cargoes of oil and at midnight had received their signals to take their places in an eight ship convoy, escorted by a Dutch man-of-war...

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