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DRUMMOND LIGHTERAGE CO. v. OREGON-WASHINGTON R. & NAV. CO.

No. 5109.

20 F.2d 118 (1927)

DRUMMOND LIGHTERAGE CO. v. OREGON-WASHINGTON R. & NAV. CO.

Circuit Court of Appeals, Ninth Circuit.

June 13, 1927.

Attorney(s) appearing for the Case

Lawrence Bogle, Cassius E. Gates, W. A. Peters, John H. Powell, and Marion Edwards, all of Seattle, Wash., for appellant.

Lane Summers and Huffer, Hayden, Merritt, Summers & Bucey, all of Seattle, Wash., for appellee.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

RUDKIN, Circuit Judge.

This is an appeal from a decree dismissing a libel in personam to recover damages caused by the stranding of a car barge, owned by the appellant, on a marine dock or gridiron, owned and maintained by the appellee. The gridiron was constructed by the appellee in 1922, adjacent to the East Waterway in the city of Seattle. In the work of construction, an excavation was made in the shore about 150 feet in length, 45 feet in width, and 8 feet 9 inches...

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