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IN RE THE TROJAN

No. 27721.

167 F.Supp. 576 (1958)

In re THE TROJAN. Petition of the UNITED STATES of America, as Owner, for Exoneration from or Limitation of Liability.

United States District Court N. D. California, S. D.

October 28, 1958.

Attorney(s) appearing for the Case

Robert H. Schnacke, U. S. Atty., San Francisco, Cal., Keith Ferguson, Sp. Asst. to Atty. Gen., Graydon S. Staring (Advocate) Dept. of Justice, San Francisco, Cal., for petitioner.

McCutchen, Doyle, Brown & Enersen, San Francisco, Cal. (Crowell, Rouse & Varian, New York City, of counsel), Russell A. Mackey, San Francisco, Cal. (Advocate) for Todd Shipyards Corp.

Darwin & Peckham and Jay A. Darwin, San Francisco, Cal. (Advocate) for various personal injury and death claimants.

WOLLENBERG, District Judge.

Todd Shipyards Corporation (hereinafter called "Todd") moves to dismiss the United States' petition for limitation of liability. The pertinent facts may be summarized as follows:

On April 22, 1955, the United States acquired title by decree of forfeiture to the steam tanker Trojan (at that time called Jeanny). Shortly thereafter, pursuant to written contract with the United States, at its Alameda shipyard Todd prepared the Trojan...

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