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LUCKENBACH S. S. CO. v. SOCIETA ANONIMA P. I. COMMERCIALI

No. 9747.

127 F.2d 86 (1942)

LUCKENBACH S. S. CO., Inc., v. SOCIETA ANONIMA PARTECIPAZIONI INDUSTRIALI COMMERCIALI et al. SOCIETA ANONIMA PARTECIPAZIONI INDUSTRIALI COMMERCIALI et al. v. LUCKENBACH S. S. CO., Inc., et al. THE EDWARD LUCKENBACH.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied April 20, 1942.

Attorney(s) appearing for the Case

Dorr & Stevenson, Frederick W. Dorr, and Archie M. Stevenson, all of San Francisco, Cal., for appellant Luckenbach S. S. Co.

Chalmers G. Graham and Graham & Morse, all of San Francisco, Cal., for appellants Societa Anonima Partecipazioni and others.

Derby, Sharp, Quinby & Tweedt, S. Hasket Derby, Joseph C. Sharp, James A. Quinby, and Lloyd M. Tweedt, all of San Francisco, Cal., for appellees.

Before WILBUR, HANEY, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

On February 17, 1937 the American steamer Edward Luckenbach and the Italian motorship Feltre collided in the Columbia river at a point about four miles above Longview, Washington. As a result of the collision the Feltre sank to her main deck in the channel. She was thereafter libeled by cargo owners and sold under process.

Subsequent to the collision the owner and operator of the Feltre filed a libel in the court below against the Edward...

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