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CITY OF PORTLAND v. LUCKENBACH STEAMSHIP COMPANY

No. 13914.

217 F.2d 894 (1954)

CITY OF PORTLAND, a municipal corporation, Appellant, v. LUCKENBACH STEAMSHIP COMPANY, Inc., a corporation, and THE SS MARINE LEOPARD, Appellees.

United States Court of Appeals Ninth Circuit.

December 14, 1954.

Attorney(s) appearing for the Case

Alexander G. Brown, City Atty., Ferris F. Boothe, David R. Williams, Deputy City Attys., Portland, Or., for appellant.

Wood, Matthiessen, Wood & Tatum, Erskine Wood, Lofton L. Tatum, John R. Brooke, Portland, Or., for appellees.

Before HEALY, POPE, and CHAMBERS, Circuit Judges.

CHAMBERS, Circuit Judge.

We are here concerned with the collision of the "Marine Leopard", a large cargo vessel of Luckenbach Steamship Co., Inc., respondent, cross-libellant and appellee, with the boom of a gantry crane owned and maintained by the City of Portland, Oregon, libellant-appellant, on its municipal paving dock along the Willamette River at Portland.

We list seriatim pertinent facts most of which are undisputed:

1. The collision occurred...

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