Esso Standard Oil Company, As Owner of the S.s. Esso Charleston, Libelant-appellant, v. the United States of America, Respondent-appellee, 221 F.2d 805 (2d Cir. 1955)
Annotate this CaseDecided April 25, 1955
Appeal from the United States District Court for the Southern District of New York; Thomas F. Murphy, Judge.
Libelant, Esso Standard Oil Company, appeals from a decision that the respondent, the United States of America, is not liable as war risk insurer for losses incurred by libelant due to the negligent collision of the S.S. Esso Charleston with the S.S. West Madaket at the gate of an antisubmarine net in the harbor of Casablanca, Morocco, on December 31, 1942.
Edwin S. Murphy, New York City (Kirlin, Campbell & Keating and Raymond T. Greene, New York City, on the brief), for libelant-appellant.
Benjamin Forman, Atty., Dept. of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., and Samuel D. Slade, Atty., Dept. of Justice, Washington, D. C., and J. Edward Lumbard, U. S. Atty. for the Southern Dist. of N. Y., New York City, on the brief), for respondent-appellee.
Before CLARK, Chief Judge, and FRANK and HASTIE, Circuit Judges.
PER CURIAM.
We think that District Judge Murphy correctly interpreted and applied Standard Oil Co. of N. J. v. United States, 340 U.S. 54, 71 S. Ct. 135, 95 L. Ed. 68, affirming United States v. Standard Oil Co. of N. J., 2 Cir., 178 F.2d 488, and are content to affirm on his opinion, D.C.S.D.N.Y., 122 F. Supp. 109.
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