CALIFORNIA TOWING CO. v. BENSON LUMBER CO.

No. 9428.

113 F.2d 66 (1940)

CALIFORNIA TOWING CO. v. BENSON LUMBER CO.

Circuit Court of Appeals, Ninth Circuit.

June 27, 1940.


Attorney(s) appearing for the Case

Carroll Single and Clarke Weigand, both of San Francisco, Cal., and George R. Baird, of San Diego, Cal. (Stanley J. Cook, of San Francisco, Cal., of counsel), for appellant.

L. K. Vermille, Preston B. Plumb, Jr., and Overton, Lyman & Plumb, all of Los Angeles, Cal., and Gerald C. Thomas and Wright, Monroe, Harden & Thomas, all of San Diego, Cal., for appellee.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.


DENMAN, Circuit Judge.

This is an appeal from a decree denying to appellant, California Towing Company, hereafter called the "Towing Company", owner of the Tug Sunshine, compensation claimed by it from Benson Lumber Company, hereafter called the "Lumber Company", under an agreement to tow the latter's log raft on a voyage from Astoria, Oregon, to San Diego, California.

The agreement provided a payment of $8,500 for the towage of the raft on the agreed voyage...

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