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BALBOA SHIPPING CO. v. STANDARD FRUIT & STEAMSHIP CO.

No. 169, Docket 21563.

181 F.2d 109 (1950)

BALBOA SHIPPING CO., Inc., v. STANDARD FRUIT & STEAMSHIP CO. et al.

United States Court of Appeals Second Circuit

Decided April 3, 1950.

Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, New York City, Eugene Underwood, New York City, Hervey C. Allen, Jr., of New York City, for appellant.

Bigham, Englar, Jones & Houston, New York City, for appellees.

H. G. Morison, Asst. Atty. Gen., Irving H. Saypol, U. S. Atty., New York City, Alfred T. Cluff, Trial Attorney, Department of Justice, for the United States.

Before L. HAND, SWAN and FRANK, Circuit Judges.

SWAN, Circuit Judge.

Balboa filed its libel against Standard Fruit and Steamship Company and Standard Navigation Company as owner and operator respectively of the Gatun, whose faulty navigation was alleged to have caused the stranding of libellant's vessel Maravi. Both ships were merchant vessels in a convoy. Within two years of the stranding, an amended libel in personam brought in the United States alleging that it was a bareboat charterer of the Gatun. In 1949...

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