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ALLSEAS MARITIME S.A. v. M/V MIMOSA

Civ. A. Nos. H-79-2303, H-79-2311, H-80-949 and H-80-2829.

574 F.Supp. 844 (1983)

ALLSEAS MARITIME S.A., et al., Plaintiffs, v. M/V MIMOSA, her engines, tackle, apparel, etc., Defendant.

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

October 31, 1983.

Attorney(s) appearing for the Case

Theodore G. Dimitry and Henry S. Morgan, Jr., at Vinson & Elkins, Houston, Tex., for Crowncen Intern., N.V., Crown Cent. Petroleum Corp. and Conoco Intern., Inc., claimants in H-80-949 and H-80-2829 and plaintiff in H-79-2311.

Richard G. Ashworth, Haight, Gardner, Poor & Havens, New York City, and Alan S. Dale, Eastham, Watson, Dale & Forney, Houston, Tex., for Burmah Oil Tankers, Ltd., plaintiff in H-80-949 and H-79-2303 and claimant in H-80-2829.

Edward D. Vickery, Royston, Rayzor, Vickery & Williams, Houston, Tex., and Howard M. McCormack, Healy & Baillie, New York City, for Juniper Shipping Ltd., plaintiff in H-80-2829 and claimant in H-80-949.

Thomas A. Brown, Brown, Sims & Ayre, Houston, Tex., for Vizies Offshore Towing.

Robert Eikel, Eikel & Davey, Houston, Tex., for Ayers S.S. Agency.

Bryan L. Berwick, Austin, Tex., for the State of Tex.

MEMORANDUM OPINION

SINGLETON, Chief Judge.

I. BACKGROUND OF THE PROCEEDING

On November 1, 1979 the M/V MIMOSA struck the BURMAH AGATE while the latter was in the customary anchorage area for the Port of Houston. Both were Liberian flag vessels, beneficially owned by Chinese interests. In the collision and its aftermath, thirty-five Chinese crewmen perished, much of the crude oil cargo was lost, and both ships became total constructive losses.<...

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