Legal Opinion

United States v. M/v Marilena P and Her Appurtenances, in Rem, and Marilena Compania Naviera, S. A., a Corporation, in Personam

Court of Appeals for the Fourth Circuit

Decided May 23, 1969No. 12890PublishedCited by 10 opinions

1Opinion of the Court

ALBERT V. BRYAN, Circuit Judge:

In admiralty asking damages, the United States complained of the M/V Marilena P and her owner, Marilena Compañía Naviera, S.A., for nullifying a charter party. The controversy grew out of the crew’s refusal to sail. As the ad-port was within the Viet Nam war theatre and the ship’s lading was combat materials, they declined the voyage, either as too perilous or for some other reason not clearly recorded. The charterer argues that the ship thus became unseaworthy, in violation and dissolution of the charter. The shipowner, responding for itself and as the vessel’s…

2Cases cited1 opinion

  1. Aaby v. States Marine CorporationCourt of Appeals for the Second Circuit · 1950

3Cited by10 opinions

  1. Commonwealth Petrochemicals, Inc. v. S/S Puerto RicoCourt of Appeals for the Fourth Circuit · 1979
  2. Watermill Export, Inc. v. MV "Ponce"District Court, S.D. New York · 1981
  3. Commonwealth Petrochemicals, Inc. v. S/S Puerto RicoCourt of Appeals for the Fourth Circuit · 1979
  4. Hartford Fire Insurance v. Calmar Steamship Corp.District Court, W.D. Washington · 1975
  5. Mathiesen v. M/V ObelixCourt of Appeals for the Fifth Circuit · 1987

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