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CANADIAN PACIFIC RAILWAY CO. v. UNITED STATES

No. 16334.

272 F.2d 913 (1959)

CANADIAN PACIFIC RAILWAY CO., a corporation, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

December 7, 1959.

Attorney(s) appearing for the Case

Bogle, Bogle & Gates, Thomas L. Morrow, Seattle, Wash., for appellant.

Keith R. Ferguson, Sp. Asst. to the Atty. Gen., Charles P. Moriarty, U. S. Atty., Jacob A. Mikkelborg, Richard F. Broz, Asst. U. S. Attys., Seattle, Wash., for appellee.

Before HAMLEY, MAGRUDER and MERRILL, Circuit Judges.

MERRILL, Circuit Judge.

This action was instituted by a libel in personam in admiralty filed by the United States against the Canadian Pacific Railway Co., as owner and operator of the SS Princess Louise. The United States had suffered damage in the breaking of its submarine cable lying beneath the waters of Puget Sound and forming a part of the Alaska Communications System. It alleged fault on the part of the Princess Louise in fouling the cable with its anchor while...

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