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COMPLAINT OF AMERICAN EXPORT LINES, INC.

No. 73 Civ. 2507 (CHT).

568 F.Supp. 956 (1983)

In the Matter of the Complaint of AMERICAN EXPORT LINES, INC., formerly known as American Export Isbrandtsen Lines, Inc., as owner of the S/S C.V. Sea Witch, seeking exoneration from or limitation of liability.

United States District Court, S.D. New York.

July 21, 1983.

Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens, New York City, for Farrell Lines, Inc., successor by merger to American Export Lines, Inc.; Chester D. Hooper, Cary Wiener, M.E. Deorchis, Manuel R. Llorca, New York City, of counsel.

Burlingham, Underwood & Lord, New York City, for Bath Iron Works Corp.; Kenneth Volk, Armen Vartian, New York City, of counsel.

Townley & Updike, New York City, for Sperry Rand Corp.; Richard B. Kelsky, New York City, of counsel.

Vincent, Berg, Russo, Marcigliano & Zawacki, New York City, for Bond Hydraulic Equipment Service, Inc.; Harry A. Gavalas, Dennis Cammarano, New York City, of counsel.

Kirlin, Campbell & Keating, New York City, for S/S Esso Brussels; Paul F. McGuire, New York City, of counsel.

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., John S. Martin, Jr., U.S. Atty., S.D.N.Y., Dept. of Justice, Torts Branch, Civ.Div., New York City, for the Government; Janis G. Schulmeisters, James J. D'Alessandro, New York City, of counsel.

OPINION

TENNEY, District Judge.

The government moves for summary judgment dismissing the third-party complaint asserted against it by American Export Lines, Inc. ("AEL") and the cross-claims asserted against it by Bath Iron Works Corporation ("Bath") and Sperry Rand Corporation ("Sperry"). For the reasons discussed below, the government's motion is denied.

Background

On June 2, 1973 the S/S C.V. Sea Witch collided with the S/S Esso...

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