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CITIES SERVICE OIL CO. v. PUERTO RICO LIGHTERAGE CO.

No. 5854.

305 F.2d 170 (1962)

CITIES SERVICE OIL COMPANY, as Owner of S.S. ROYAL OAK, Libelant, Appellant, v. PUERTO RICO LIGHTERAGE COMPANY, as Owner of The TUG CHARLES E. DUNLAP, Respondent, Appellee.

United States Court of Appeals First Circuit.

July 6, 1962.

Attorney(s) appearing for the Case

Eli Ellis, New York City, with whom Jose G. Gonzalez, San Juan, P. R., David C. Wood, New York City, Fiddler, Gonzalez & Rodriguez, San Juan, P. R., and Hill, Betts, Yamaoka, Freehill & Longcope, New York City, were on brief, for appellant.

Vicente M. Ydrach, San Juan, P. R., with whom Hartzell, Fernandez & Novas, San Juan, P. R., was on brief, for appellee.

Before WOODBURY, Chief Judge, ALDRICH and SMITH, Circuit Judges.

SMITH, Circuit Judge.

This appeal is from the dismissal of a libel filed in a suit in admiralty. The libel stated a claim for damage to the steamship Royal Oak, allegedly caused by a collision between it and the tug Charles E. Dunlap, owned by the respondent. The collision is alleged to have occurred in the Harbor of San Juan, Puerto Rico, on August 23, 1956.

The libel was filed on June 30, 1959, more than two years after the alleged collision had occurred...

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