in Re: Petition of Frescati Shipping Company, Ltd., As Owner of the M/t Athos Iand… v. Citgo Asphalt Refining Company

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 11-2576
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IN RE: PETITION OF FRESCATI SHIPPING COMPANY, LTD., AS OWNER
OF THE M/T ATHOS I AND TSAKOS SHIPPING & TRADING, S.A.,
AS MANAGER OF THE ATHOS I FOR EXONERATION FROM
OR LIMITATION OF LIABILITY
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No. 11-2577
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UNITED STATES OF AMERICA,
Appellant
v.
CITGO ASPHALT REFINING COMPANY; CITGO PETROLEUM CORPORATION;
CITGO EAST COAST OIL CORPORATION
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Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Civil Action Nos. 2-05-cv-00305 / 2-08-cv-02898)
Trial District Judge: Honorable John P. Fullam
District Judge: Honorable Joel H. Slomsky
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Argued September 20, 2012
 Judge Slomsky was assigned to this matter following the retirement of Judge Fullam,
who presided at trial and ruled on the merits.

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Before: AMBRO, GREENAWAY, Jr., and O’MALLEY, Circuit Judge
(Opinion filed May 16, 2013)
ORDER AMENDING PRECEDENTIAL OPINION
AMBRO, Circuit Judge
IT IS NOW ORDERED that the published Opinion in the above case filed
May 16, 2013, be amended as follows:
On page 37, in the first full paragraph, last sentence, replace the name “Frescati”
with the name “CARCO,” so that the phrase reads: “Because it appears that CARCO
assured a safe berth …”
By the Court,
/s/ Thomas L. Ambro, Circuit Judge
Dated: June 28, 2013
PDB/TMM/cc: All Counsel of Record
 Honorable Kathleen M. O’Malley, United States Court of Appeals for the Federal
Circuit, sitting by designation.

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