MATSON NAV. CO. v. WAR DAMAGE CORPORATION

No. 11925.

172 F.2d 942 (1949)

MATSON NAV. CO. v. WAR DAMAGE CORPORATION.

United States Court of Appeals Ninth Circuit.

February 28, 1949.


Attorney(s) appearing for the Case

Herman Phleger, Gregory A. Harrison, Bailey Lang, Lyman Henry and Kent Sawyer, all of San Francisco, Cal. (Brobeck, Phleger & Harrison and Hall, Henry & Oliver, all of San Francisco, Cal., of counsel), for appellant.

Ira S. Lillick, Allan E. Charles, Edward D. Ransom, and Lillick, Geary, Olson, Adams & Charles, all of San Francisco, Cal., for appellee.

Before HEALY, BONE, and ORR, Circuit Judges.


HEALY, Circuit Judge.

While en route from the Hawaiian Islands to the continental United States, on December 11, 1941, the Matson ship LAHAINA was sunk by a Japanese submarine. In this suit the owner sought to recover from the War Damage Corporation the value of the ship, its theory being that protection for the loss was afforded by § 5g of the Reconstruction Finance Corporation Act. Recovery was denied below, and the Matson Company appeals.

Section 5g...

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