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Case: 11-2576 Document: 003111322384 Page: 1 Date Filed: 07/12/2013

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





CITGO ASPHALT REFINING COMPANY; CITGO PETROLEUM CORPORATION;

CITGO EAST COAST OIL CORPORATION


v.




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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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Before: McKEE, Chief Judge, RENDELL, AMBRO, FUENTES, SMITH,

FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, Jr.,

VANASKIE, SHWARTZ, and O’MALLEY** Circuit Judges


? Judge Slomsky was assigned to this matter following the retirement of Judge Fullam,
who presided at trial and ruled on the merits.
* * Honorable Kathleen M. O’Malley, United States Court of Appeals for the Federal
Circuit, sitting by designation.






Case: 11-2576 Document: 003111322384 Page: 2 Date Filed: 07/12/2013



PETITION FOR REHEARING EN BANC



The petition for rehearing filed by Appellees, having been submitted to the judges

who participated in the decision of this Court, and to all the other available circuit judges

in active service, and no judge who concurred in the decision having asked for rehearing,

and a majority of the circuit judges of the circuit in regular active service not having

voted for rehearing by the court en banc, the petition for rehearing by the panel and the









By the Court,

/s/ Thomas L. Ambro

Circuit Judge

Court en banc is DENIED.































Dated: July 12, 2013

tmk/cc:

Jack A. Greenbaum, Esq.

John D. Kimball, Esq.

Alfred J. Kuffler, Esq.

John J. Levy, Esq.

Eugene J. O'Connor, Esq.

Timothy J. Bergere, Esq.

George M. Chalos, Esq.

Frank P. DeGiulio, Esq.

Douglas L. Grundmeyer, Esq.

J. Dwight LeBlanc, Jr., Esq.

Carter G. Phillips, Esq.

Derek A. Walker, Esq.

Richard Q. Whelan, Esq.

William J. Honan, Esq.

George R. Zacharkow, Esq.



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