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STATES STEAMSHIP COMPANY v. UNITED STATES

No. 15131.

259 F.2d 458 (1957)

STATES STEAMSHIP COMPANY, a corporation, Appellant, v. UNITED STATES of America, Atlantic Mutual Insurance Company, Pacific National Fire Insurance Company and The Dominion of Canada, Appellees. ATLANTIC MUTUAL INSURANCE COMPANY, Appellant, v. STATES STEAMSHIP COMPANY, a corporation, United States of America and The Dominion of Canada, Appellees. PACIFIC NATIONAL FIRE INSURANCE COMPANY, Appellant, v. STATES STEAMSHIP COMPANY, a corporation, United States of America and The Dominion of Canada, Appellees. UNITED STATES of America, Appellant, v. STATES STEAMSHIP COMPANY, Atlantic Mutual Insurance Company, Pacific National Fire Insurance Company and The Dominion of Canada, Appellees. The DOMINION OF CANADA, Appellant, v. STATES STEAMSHIP COMPANY, Atlantic Mutual Insurance Company, Pacific National Fire Insurance Company and The United States of America, Appellees.

United States Court of Appeals Ninth Circuit.

Modified on Petitions for Rehearing November 15, 1957.

As Amended on Denial of Rehearing on Limitation August 20, 1958.

Attorney(s) appearing for the Case

Wood, Matthiessen, Wood & Tatum, Erskine Wood, Portland, Or., Bogle, Bogle & Gates, Stanley B. Long, Seattle, Wash., for appellant States S.S. Co.

Koerner, Young, McColloch & Dezendorf, John Gordon Gearin, George B. Campbell, Portland, Or., for appellants Atlantic Mut. Ins. Co. & Pacific Nat. Fire Ins. Co.

Summers, Bucey & Howard, Charles B. Howard, Seattle, Wash., for appellant Dominion of Canada.

George Cochran Doub, Asst. Atty. Gen., Leavenworth Colby, Attorney, Department of Justice, Washington, D.C., Keith R. Ferguson, Sp. Asst. to Atty. Gen., Kenneth E. Kulzick, Los Angeles, Cal., C. E. Luckey, U.S. Atty., Portland, Or., for appellant-appellee, U.S.A.

Before DENMAN, Chief Judge, and STEPHENS and POPE, Circuit Judges.

DENMAN, Chief Judge.

These are appeals from an interlocutory decree of the United States District Court for the District of Oregon on the petition of States Steamship Company, hereafter the Company, for exoneration from or limitation of liability for the total loss of the cargo of the S.S. Pennsylvania, which sank with all hands in the Gulf of Alaska on January 9, 1952, while enroute over the Great Circle route from Seattle, Washington, to Yokohama, Japan.

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