MATTER OF LAKE TANKERS CORPORATION

Decision Date21 August 1956
Docket NumberNo. 268,Docket 23965.,268
Citation235 F.2d 783
PartiesMatter of the Petition of LAKE TANKERS CORPORATION for Exoneration from or Limitation of Liability.
CourtU.S. Court of Appeals — Second Circuit

Burlingham, Hupper & Kennedy, New York City (Eugene Underwood and H. Barton Williams, New York City, of

counsel), for Lake Tankers Corporation, petitioner-appellant.

Rosen & Rosen, Poughkeepsie, N. Y., and Mahar & Mason, New York City (Frank C. Mason, New York City, of counsel), for Lillian M. Henn, claimant-appellee, in opposition.

Before CLARK, Chief Judge, and FRANK, MEDINA, HINCKS, LUMBARD, and WATERMAN, Circuit Judges.

On Petition for Rehearing en banc.

PER CURIAM.

Petition for rehearing en banc of our decision, 2 Cir., 232 F.2d 573, affirming as modified the decision, D.C.S.D.N.Y., 137 F.Supp. 311, granted. Upon due and further consideration by the entire court of the appeal on the merits and of the able additional briefs submitted by counsel for the respective parties, we adhere to our original decision.

Judges CLARK, FRANK, LUMBARD, and WATERMAN, concurring.

Judges MEDINA and HINCKS dissenting.

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5 cases
  • Walters v. Moore-McCormack Lines, Inc.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • January 14, 1963
    ...of my own. What follows represents my own views. Since an in banc hearing was first granted in this Circuit in 1956 in In re Lake Tankers, Corp., 2 Cir., 235 F.2d 783, aff'd 354 U.S. 147, 77 S.Ct. 1269, 1 L.Ed.2d 1246 (1957), the members of this court have been alert to those issues and cas......
  • United States v. Gori
    • United States
    • U.S. Court of Appeals — Second Circuit
    • July 22, 1960
    ...States, 2 Cir., 265 F.2d 136, 144, vacated and remanded United States v. American-Foreign S.S. Corp., 80 S.Ct. 1336; In re Lake Tankers Corp., 2 Cir., 235 F.2d 783, affirmed Lake Tankers Corp. v. Henn, 354 U.S. 147, 77 S.Ct. 1269, 1 L.Ed.2d 1246, or after full oral argument, Pugach v. Dolli......
  • Pershing Auto Rentals, Inc. v. Gaffney
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • June 15, 1960
    ... ... 275, as holding to the contrary, we think that Lake Tankers Corp. v. Henn, 1957, 354 U.S. 147, 77 S.Ct. 1269, 1 L.Ed.2d 1246, ... § 1292(a) (1). As appealability of interlocutory orders is a matter of almost allergical sensitiveness to all appellate courts, the action of ... ...
  • In re Chinese Maritime Trust, Ltd.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • April 30, 1973
    ... ... "for any loss, damage, or injury by collision, or for any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred ... cases where the fund may be adequate to satisfy all claims, see In re Lake Tankers Corp., 232 F.2d 573, reaffirmed en banc, 235 F.2d 783 (2d Cir ...         In In re Highland Nav. Corporation, 24 F.2d 582, 584 (S.D.N.Y.1927), affd, 29 F.2d 37 (2d Cir. 1928), the ... ...
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