Legal Opinion
United States v. Mowbray's Floating Equipment Exchange, Inc.
Court of Appeals for the Second Circuit
Decided June 15, 1979No. 758, Docket 78-6176PublishedCited by 1 opinion
1Opinion of the Court
MULLIGAN, Circuit Judge:
On April 19, 1973 the vessel Victor sank while tied at its berth in the Morris Canal Basin in New Jersey. Subsequently, oil seeped from the vessel into New York harbor. The instant action was commenced by the United States in the Southern District of New York to recover the clean up costs incurred by the U.S. Coast Guard as a result of the seepage. Appellant Atman-chuck, the owner of the Victor, cross-claimed against Ellis Marine Corporation and Mowbray’s Floating Equipment Exchange, Inc. (collectively “Ellis”), the wharfingers of the vessel. The cross-claim alleged…
2Cases cited15 opinions
- McAllister v. United StatesSupreme Court of the United States · 1954
- Smith v. BurnettSupreme Court of the United States · 1899
- Karavos Compania Naviera S. A. v. Atlantica Export Corp.Court of Appeals for the Second Circuit · 1978
- Berwind-White Coal Mining Co. v. City of New YorkCourt of Appeals for the Second Circuit · 1943
- Mamiye Bros. v. Barber Steamship Lines, Inc.Court of Appeals for the Second Circuit · 1966
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3Cited by1 opinion
- United States of America, Plaintiff-Appellant-Cross-Appellee v. Mowbray's Floating Equipment Exchange, Inc., and Ellis Marine Corporation, United States of America, Plaintiff-Appellant-Cross-Appellee v. Edward Atmanchuck, and Lighter Victor, in Rem, Defendants-Appellees-Cross-AppellantsCourt of Appeals for the Second Circuit · 1979