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UNITED STATES v. HOLLAND

Nos. 3842, 3851, 3915, 3916.

151 F.Supp. 772 (1957)

UNITED STATES of America, as owner of THE S.S. E. KIRBY SMITH, and of her cargo v. THE Tug HOLLAND, her engines, etc., and Baker-Whiteley Towing Co., Inc. In The Matter of The Petition of The BAKER-WHITELEY TOWING CO., as owner of the Tug Holland, for exoneration from or limitation of liability. ANGFARTYGS A/B TIRFING, owner of the Swedish Motor Ship NYLAND, v. The UNITED STATES of America, owner of THE S.S. E. KIRBY SMITH: Baker-Whiteley Towing Co., Inc., and the Tug Holland, official No. 270572, her engines, tackles, etc. UNITED STATES of America, owner of THE AMERICAN STEAMSHIP E. KIRBY SMITH, v. The Swedish Motor Ship NYLAND, her boats, tackles, apparel, etc., and Angfartygsaktiebolaget Tirfin.

United States District Court D. of Maryland, Admiralty Division.

June 4, 1957.

Attorney(s) appearing for the Case

Vandeventer, Black & Meredith, Norfolk, Va., and Ober, Williams, Grimes & Stinson, Baltimore, Md. (Hugh S. Meredith, Norfolk, Va., and Randall C. Coleman, Jr., Baltimore, Md. advocates), proctors for Angfartygs A/B Tirfing, owner of the Nyland.

Leon H. A. Pierson, U. S. Atty., Baltimore, Md. (Thomas F. McGovern, Atty., Admiralty & Shipping Section, Dept. of Justice, Washington, D. C., advocate), proctors for United States, owner of the E. Kirby Smith.

Hagen & Eidenbach, New York City, and Skeen, Wilson & Coughlin, Baltimore, Md. (Henry C. Eidenbach, New York City, and John H. Skeen, Jr., Baltimore, Md., advocates), proctors for Baker-Whiteley Towing Co., owner of the Holland.

ROSZEL C. THOMSEN, Chief Judge.

These suits arise out of a collision at 0310 on March 17, 1956, in Hampton Roads, between the Swedish motor ship Nyland and the Liberty ship E. Kirby Smith, a hulk from the laid-up fleet, which the tug Holland had left anchored in the fairway while the tug sought shelter from a storm.

The questions are: Who was at fault? Is the owner of the tug entitled to limit its liability? Is the government, as owner of the Smith, entitled...

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