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O. F. NELSON & CO. v. UNITED STATES

Nos. 10816, 10817, No. 10818.

169 F.2d 833 (1948)

O. F. NELSON & CO., Ltd. et al. v. UNITED STATES. GENERAL COCOA CO., Inc., et al. v. UNITED STATES. GENERAL COCOA CO., Inc. v. UNITED STATES.

Circuit Court of Appeals Ninth Circuit.

January 29, 1948.

Attorney(s) appearing for the Case

Farnham P. Griffiths, Charles E. Finney, Martha T. Naylor, and McCutchen, Thomas, Matthews, Griffiths & Greene, all of San Francisco, Cal., and Bigham, Englar, Jones & Houston, of New York City, for appellants.

Peyton Ford, Asst. Atty. Gen., Frank J. Hennessy, U. S. Atty., of San Francisco, Cal. (William E. Licking, Asst. U. S. Atty., of San Francisco, Cal., and Leavenworth Colby, Atty., Dept. of Justice, of Washington, D. C., of counsel), for appellee.

Before: DENMAN, HEALY and BONE, Circuit Judges.

DENMAN, Circuit Judge.

These cases began in libels in admiralty in which the O. F. Nelson Co. and others were decreed not entitled to recover from the United States for damage to and destruction of certain cocoa beans while in the latter's possession on one of its lighters in the harbor of Pago Pago of the Samoan Island of Tutuila. The suits against the United States were under the provisions of 46 U.S.C. 743, 782, 46 U.S.C.A. §§ 743, 782, and hence the...

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