262 F2d 349 Victorias Milling Co the Nonsuco v. The Gulfport Gulf Oil Corporation the Gulfport

262 F.2d 349

VICTORIAS MILLING CO., Inc., as owner of THE NONSUCO,
Libellant-Appellant,
v.
THE GULFPORT, her engines, boilers, etc., And Gulf Oil
Corporation, Claimant-Respondent-Appellee.
GULF OIL CORPORATION, as owner of THE GULFPORT,
Cross-Libellant-Appellee,
v.
THE NONSUCO, her engines, boilers, etc., and Victorias
Milling Co., Inc., Cross-Claimant-Respondent-Appellant.

Nos. 128, 129, Dockets 25272, 25273.

United States Court of Appeals Second Circuit.

Argued Dec. 3, 1958.
Decided Dec. 15, 1958.

Hanrahan & Costello, New York City, for appellants.

Burlingham, Hupper & Kennedy, New York City, Adrian J. O'Kane, Robert F. Lynch, New York City, of counsel, for appellee.

Findings of fact made by trial court, sitting without a jury in admiralty, may not be set aside by reviewing court on appeal unless clearly erroneous.

Before SWAN, MEDINA and WATERMAN, Circuit Judges.

PER CURIAM.

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This appeal turns on findings of fact which may not be set aside unless clearly erroneous. McAllister v. United States, 348 U.S. 19, 75 S.Ct. 6, 99 L.Ed. 20. The decree is affirmed on the opinion below, reported in D.C., 166 F.Supp. 396.

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