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ALLEN & ROBINSON v. INTER-ISLAND STEAM NAV. CO.

No. 5615.

34 F.2d 83 (1929)

ALLEN & ROBINSON, Limited, et al. v. INTER-ISLAND STEAM NAV. CO., Limited.

Circuit Court of Appeals, Ninth Circuit.

August 12, 1929.

Attorney(s) appearing for the Case

Thompson, Cathcart, Beebe & Winn, Smith, Wild & Hoppe, I. M. Stainback, and Henry Holmes, all of Honolulu, Hawaii, and Louis T. Hengstler and Frederick W. Dorr, both of San Francisco, Cal., for appellants.

Smith, Warren, Stanley & Vitousek, L. J. Warren, W. L. Stanley, and R. A. Vitousek, all of Honolulu, Hawaii, for appellee.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

DIETRICH, Circuit Judge.

Between 9 and 9:30 p. m., on April 20, 1923, the steamship Mauna Kea, east bound, rammed the wooden lumber schooner Mary E. Foster, west bound, off Diamond Head, Oahu Island, a few miles eastward of Honolulu Harbor. The Foster was fully laden with lumber both below and above deck; the deck load being approximately 14 feet high. In the collision the Mauna Kea cut through her starboard side just abaft her main rigging, the cut having a width...

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