United States v. Moran Towing & Transportation Company, Incorporated, United States of America v. Bethlehem Steel Company

HAYNSWORTH, Chief Judge:

In United States v. Bethlehem Steel Co. et al., 389 U.S. 575, 88 S.Ct. 689, 19 L.Ed.2d 775, the Supreme Court vacated our decision1 and remanded the case to us for further consideration in the light of Wyandotte Transportation Co. v. United States, 389 U.S. 191, 88 S.Ct. 379, 19 L.Ed.2d 407. After supplemental briefing and argument, we reach the conclusion that further proceedings in the District Court are necessary, and the case will be remanded for that purpose.

In calm seas and clear weather the lead section of a wooden dry dock under tow began to list. The leak…