HUBER v. U.S.

No. 86-2574.

838 F.2d 398 (1988)

Merle W. HUBER, et al., Plaintiffs, v. UNITED STATES of America, et al., Defendants. UNITED STATES of America, Counterclaimant/Appellant, v. MONTEREY NAVIGATION COMPANY, INC., Counterclaim Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 5, 1988.

As Amended on Denial of Rehearings March 18, 1988.


Attorney(s) appearing for the Case

Paul Gary Sterling, Asst. Atty. in Charge, Torts Branch, Civil Div., West Coast Office, U.S. Dept. of Justice, San Francisco, Cal., for defendants-counterclaimant/appellant.

Graydon S. Staring, David W. Condeff and Warren von Bittner, Lillick, McHose & Charles, San Francisco, Cal., for counterclaim defendant/appellee.

Before NORRIS and NOONAN, Circuit Judges, and STEPHENS, District Judge.


NORRIS, Circuit Judge:

On April 10, 1982, the yacht KUHUSHAN sank in a storm off the coast of Marin County, north of San Francisco Bay. Two of the crew members drowned. The survivor and the decedents' representatives sued the United States Coast Guard and Monterey Navigation Company, the owner of a ship involved in the incident, for negligence. The United States and Monterey Navigation jointly settled with the plaintiffs and brought crossclaims for contribution against...

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