IN RE: Petition of FRESCATI SHIPPING COMPANY, LTD., as Owner of the M/T Athos I and Tsakos Shipping & Trading, S.A., as Manager of the Athos I for Exoneration from or Limitation of Liability (E.D. Pa. No. 2-05-cv-00305)
United States of America
v.
CITGO Asphalt Refining Company; CITGO Petroleum Corporation; CITGO East Coast Corporation (E.D. Pa. No. 2-08-cv-02898)
CITGO Asphalt Refining Company; CITGO Petroleum Corporation; CITGO East Coast Oil Corporation, Appellants in Nos. 16-3470; 16-3552
Frescati Shipping Company, Ltd.; Tsakos Shipping and Trading, S.A., Appellants in No. 16-3867
United States of America, Appellant in No. 16-3868.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued November 8, 2017.
Filed: March 29, 2018.
Attorney(s) appearing for the Case
Timothy J. Bergère [ARGUED], Alfred J. Kuffler, John J. Levy [ARGUED], Montgomery McCracken Walker & Rhoads, 123 South Broad Street, 24th Floor, Philadelphia, PA 19109.
Eugene J. O'Connor, Montgomery McCracken Walker & Rhoads, 437 Madison Avenue, 29th Floor, New York, NY 20022.
Jack A. Greenbaum, 22782 Buendia, Mission Viejo, CA 92691, Counsel for Frescati Shipping Co. Ltd. and Tsakos Shipping and Trading S.A.
Matthew M. Collette, United States Department of Justice, Civil Division, Room 7212, 950 Pennsylvania Avenue, N.W., Washington, DC 20530.
Stephen G. Flynn, United States Department of Justice, Torts Branch, Civil Division, P.O. Box 14271, Washington, DC 20044.
Anne Murphy [ARGUED], United States Department of Justice, Appellate Section, Room 7644, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, Counsel for United States of America.
Benjamin Beaton, Jacqueline G. Cooper, Carter G. Phillips [ARGUED], Richard E. Young, 1501 K Street, N.W., Washington, DC 20005, Counsel for Citgo Asphalt Refining Co. Citgo Petroleum Corp. Citgo East Coast Oil Corp.
George R. Zacharkow, Deasey Mahoney & Valentini, 1601 Market Street, Suite 3400, Philadelphia, PA 19103, Counsel for Intervenor Respondent, International Liquid Terminal Ass'n, American Fuels and Petrochemicals, Manufacturers Ass'n.
Before: SMITH, Chief Judge, HARDIMAN, Circuit Judge, and BRANN, District Judge.
OPINION
SMITH, Chief Judge.
Table of Contents
I. Introduction...295
II. Background...295
a. Facts...295
b. Procedural History...298
III. Jurisdiction and Standard of Review...300
IV. The Safe Berth Warranty.....
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