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PHILTANKERS, INC. v. M/V DON CARLOS

Civ. A. No. H-78-1557.

526 F.Supp. 34 (1981)

PHILTANKERS, INC., Plaintiff, and Crown Central Petroleum Corporation, Intervening Plaintiff, v. M/V DON CARLOS, her engines, tackle, apparel, etc., in rem, R/A Soya and Wallenius Lines in personam, and M/V Alvega, her engines, tackle, apparel, etc., in rem, Alkaid Shipping Co., Ltd. and Navigation and Coal Trade Co., Ltd. in personam, Defendants. R/A SOYA and Walleniusrederierna, Defendants and Third-Party Plaintiffs, v. M/V ALVEGA, her engines, tackle, apparel, etc. in rem, Alkaid Shipping Co., Ltd. and Navigation and Coal Trade Co., Ltd. in personam, and United States of America, Third-Party Defendants.

United States District Court, S. D. Texas, Houston Division.

April 6, 1981.

Attorney(s) appearing for the Case

Henry F. White, Jr., Hill, Betts & Nash, New York City, Robert Davee, Eastham, Watson, Dale & Forney, Houston, Tex., for defendants and third-party plaintiffs M/V Don Carlos et al.

James E. Ross, Ross, Griggs & Harrison, Houston, Tex., for defendant and third-party defendant M/V Alvega et al.

Allen Van Emmerik, Trial Atty., Torts Branch, Civil Division, Dept. of Justice, Washington, D. C., Robert Darden, Asst. U. S. Atty., Houston, Tex., for third-party defendant United States of America.

FINDINGS OF FACT & CONCLUSIONS OF LAW

SEALS, District Judge.

This cause of action arose and was brought under the admiralty jurisdiction of the United States as a result of a collision in the Houston Ship Channel between the inbound car carrier M/V DON CARLOS and the tanker S/S PHILLIPS TEXAS which was, at the time of the collision, moored at the Crown Central Petroleum Corporation dock. Immediately prior to this collision, the M/V DON CARLOS had met...

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