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DREDGE CARTEGENA v. T/T P. W. THIRTLE

Nos. 9749, 9750.

345 F.2d 275 (1965)

DREDGE CARTEGENA, her engines, tackle, boilers, equipment, etc., and Standard Dredging Company, her owner, Appellees, v. The T/T P. W. THIRTLE, her engines, boilers, etc., Petroleum Tankers, Inc., as Owner and Sinclair Refining Company, her owner, Appellants. A/S SKAUGAAS (I. M. Skaugen) as Owners of the NORWEGIAN MOTOR VESSEL SKAUSTRAND, Appellant, v. DREDGE CARTEGENA, her engines, tackle, boilers, equipment, etc., and Standard Dredging Company, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 26, 1965.

Attorney(s) appearing for the Case

Charles S. Haight, New York City (Haight, Gardner, Poor & Havens, New York City, and Niles, Barton, Gans & Markell, Baltimore, Md., and Charles S. Haight, Jr., New York City, Carlyle Barton, Jr., and Donald A. Krach, Baltimore, Md., on brief), for appellant in No. 9749.

Stanley R. Wright, New York City (William A. Grimes and Thomas W. Jamison, III, and Ober, Williams & Grimes, Baltimore, Md., and Burlingham, Underwood, Barron, Wright & White, New York City, on brief), for appellants in No. 9750.

Richard H. Brown, Jr., New York City (John H. Skeen, Jr., Baltimore, Md., and John F. Gerity, New York City, and Skeen, Wilson & Coughlin, Baltimore, Md., and Kirlin, Campbell & Keating, New York City, on brief), for appellees in Nos. 9749 and 9750.

Before SOBELOFF and J. SPENCER BELL, Circuit Judges, and LARKINS, District Judge.

SOBELOFF, Circuit Judge:

In these cases two vessels that were in collision seek to cast part of the blame for their misfortune upon a dredge anchored near the point of impact. These appeals are from the final decree of the District Court exonerating the Standard Dredging Co., owner of the dredge CARTEGENA, from fault in a collision between the SKAUSTRAND and the P. W. THIRTLE.

In the early evening of February 4, 1963, the SKAUSTRAND, a diesel ore carrier,...

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