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STANDARD OIL CO. v. SHIPOWNERS' & MERCHANTS' TUGBOAT CO.

No. 4869.

17 F.2d 366 (1927)

STANDARD OIL CO. v. SHIPOWNERS' & MERCHANTS' TUGBOAT CO. SAME v. UNITED STATES et al.

Circuit Court of Appeals, Ninth Circuit.

January 31, 1927.

Attorney(s) appearing for the Case

Pillsbury, Madison & Sutro, and Felix T. Smith, all of San Francisco, Cal., for appellant.

Thacher & Wright, of San Francisco, Cal. (Thomas A. Thacher, Harrison A. Jones, and W. K. Casey, all of San Francisco, Cal., of counsel), for appellee Tugboat Co.

Geo. J. Hatfield, U. S. Atty., and Frank Maytham, Asst. U. S. Atty., both of San Francisco, Cal., for the United States.

Before GILBERT and RUDKIN, Circuit Judges, and JAMES, District Judge.

GILBERT, Circuit Judge (after stating the facts as above).

The trial court found that the collision was the result of faulty navigation upon the part of the captain of the Dodd in maneuvering his ship around the turn in the channel. Notwithstanding the well-settled rule that a finding of fact so made upon the testimony of witnesses taken before the court will not be disturbed by an appellate court except for manifest error...

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