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HELLENIC LINES v. THE EXMOUTH

No. 26, Docket 24518.

253 F.2d 473 (1958)

HELLENIC LINES, Ltd., owner of THE HELLENIC BEACH, Libellant-Appellant, v. THE EXMOUTH, her engines, boilers, etc., and American Export Lines, Inc., Respondents-Appellees. AMERICAN EXPORT LINES, Inc., as owner of THE EXMOUTH, Libellant-Appellee, Thomas Kenworthy's Sons et al., Cargo Intervenors, v. THE HELLENIC BEACH, her engines, boilers, etc., and Hellenic Lines, Ltd., Respondents-Appellants.

United States Court of Appeals Second Circuit.

Decided January 15, 1958.

Writ of Certiorari Denied May 26, 1958.

Attorney(s) appearing for the Case

Wilbur E. Dow, Jr., New York City (Raymond W. Mitchell, Sonya I. Livshin, and Dow & Stonebridge, New York City, on the brief), for Libelant-Appellant, Hellenic Lines, Ltd., owner of S.S. Hellenic Beach.

James M. Estabrook, New York City (Kenneth Gardner, Walter A. Darby, Jr., and Haight, Gardner, Poor & Havens, New York City, on the brief), for Respondent-Libelant-Appellee, American Export Lines, Inc.

Charles A. Van Hagen, Jr., New York City (Bigham, Englar, Jones & Houston, New York City, on the brief), for Cargo Intervenors-Appellees, Thomas Kenworthy's Sons et al.

Before CLARK, Chief Judge, and LUMBARD and MOORE, Circuit Judges.

Writ of Certiorari Denied May 26, 1958. See 78 S.Ct. 1006.

MOORE, Circuit Judge.

Shortly after two o'clock in the morning of June 5, 1949 the S.S. Hellenic Beach, owned by Hellenic Lines, Ltd. (libelant-appellant, referred to as "Hellenic"), collided near the entrance to Delaware Bay with the S.S. Exmouth, owned by American Export Lines, Inc. (respondent-libelant-appellee, referred to as "Exmouth").

A libel was filed by Hellenic against Exmouth and...

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