Petition of the UNITED STATES of America and Marine Transport Lines, Inc., as owners of the USNS POTOMAC, for exoneration from or limitation of liability.
Mary Esther Ford LEONARD, Administratrix of the Estate of Clyde Virgesto Leonard, deceased, Libelant,
v.
UNITED STATES of America, Marine Transport Lines, Inc., and Aviation Fuel Terminals, Inc., Respondents.
Eugene ALVES et al., Libelants,
v.
UNITED STATES of America, and Marine Transport Lines, Inc., Respondents,
and
Aviation Fuel Terminals, Inc., Respondent-Impleaded.
United States District Court E. D. North Carolina, New Bern Division.https://leagle.com/images/logo.png
July 14, 1969.
As Amended August 14, 1969.
Attorney(s) appearing for the Case
William E. Gwatkin, III, Admiralty and Shipping Section, Dept. of Justice, Washington, D. C., and Robert H. Cowen, U. S. Atty., Raleigh, N. C., for the United States and Marine Transport Lines, Inc.
Vandeventer, Black, Meredith & Martin, Hugh S. Meredith, Norfolk, Va., Rountree & Clark, Wilmington, N. C., Claud R. Wheatly, Jr., Beaufort, N. C., for Aviation Fuel Terminals, Inc.
Kelsey & Owens, Sidney H. Kelsey, Norfolk, Va., for Mary Esther Ford Leonard, Admx., etc.
George H. McNeill, Morehead City, N. C., for William F. Craig and Therence G. Cloud.
Joseph H. Levinson, Smithfield, N. C., for William H. Massengill, Wade H. Stanley, and William Gerald Massengill.
Schwartz & O'Connell, Donald E. Klein, New York City, and William K. Rhodes, Jr., Wilmington, N. C., for estate of Peter Salopek and estate of John C. Smith.
Breit, Rutter, Cohen, Ermlich & Friedman, C. Arthur Rutter, Jr., Norfolk, Va., and Lee Pressman, New York City, for Eugene Alves, and others, including all crew members other than Leonard, Salopek, Smith, Craig and Cloud.
Lake, Boyce & Lake, Raleigh, N. C., for A. T. Leary, lessee of Beaufort & Morehead R. R. Co., and Home Insurance Co., as subrogee of A. T. Leary, etc.
Block, Meyland & Lloyd, Greensboro, N. C., for Coastal Realty Co.
United States District Court E. D. North Carolina, New Bern Division.
MEMORANDUM
WALTER E. HOFFMAN, District Judge (under designation).
On September 26, 1961, the United States Naval Ship POTOMAC, a Navy tanker and a public vessel of the United States, was moored in the harbor of Morehead City, North Carolina, alongside a fuel pier belonging to Aviation Fuel Terminals, Inc., which had contracted with the United States for the handling and storage of Government-owned petroleum products. While the POTOMAC was discharging a Government...
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