100 F.3d 942 (2nd Cir. 1996), 95-6138, Allders Intern. (Ships) Ltd. v. U.S.

Docket Nº:95-6138.
Citation:100 F.3d 942
Party Name:ALLDERS INTERNATIONAL (SHIPS) LTD., and Eagle Star Reinsurance Co., Ltd., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.
Case Date:January 16, 1996
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 942

100 F.3d 942 (2nd Cir. 1996)

ALLDERS INTERNATIONAL (SHIPS) LTD., and Eagle Star Reinsurance Co., Ltd., Plaintiffs-Appellants,

v.

UNITED STATES of America, Defendant-Appellee.

No. 95-6138.

United States Court of Appeals, Second Circuit

January 16, 1996

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA2 s 0.23 regarding use of unpublished opinions)

1996 A.M.C. 2995

FOR APPELLANTS: Lawrence C. Browne, Maloof & Browne, New York, NY.

FOR APPELLEE: David V. Hutchinson, Assistant Director, Admiralty, United States Department of Justice, Washington, DC.

S.D.N.Y.

AFFIRMED.

Present: McLAUGHLIN, JACOBS, CALABRESI, Circuit Judges.

Appeal from the United States District Court for the Southern District of New York (Martin, J.).

This cause came on to be heard on the transcript of record from the United States District Court for the Southern District of New York and was argued.

ON CONSIDERATION WHEREOF, it is hereby ordered, adjudged, and decreed that the judgment of the district court be and it hereby is AFFIRMED.

Allders International (Ships) Ltd. ("Allders") operates nine retail shops aboard the cruise ship Queen Elizabeth 2 ("QE2"). In August, 1992, the QE2 struck a rock ledge off the coast of Martha's Vineyard, Massachusetts. The rocks ripped several large gashes in the QE2's hull, and the ship required extensive repair. As a result, the QE2 had to cancel scheduled cruises, which deprived Allders of the opportunity to sell its wares to cruise customers.

Alleging that the cause of the QE2's grounding was the negligence of a federal hydrographer who, in 1939, left the rock ledge unmarked on government navigation...

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