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CALIFORNIA PACKING CORPORATION v. THE EMPIRE STATE

Nos. 27472, 27466.

180 F.Supp. 19 (1960)

CALIFORNIA PACKING CORPORATION, a corporation, et al., Libelants, v. THE EMPIRE STATE, her engines, boilers, tackle, apparel and furniture (Voyage 58), States Marine Corporation of Delaware, et al., Respondents. PRODUCERS COOPERATIVE PACKING CO., a corporation, et al., Libelants, v. STATES MARINE CORPORATION OF DELAWARE, a corporation, and THE EMPIRE STATE, her engines, tackle and machinery, Respondents.

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

January 5, 1960.

Attorney(s) appearing for the Case

McCutchen, Doyle, Brown & Enersen, Russell A. Mackey, Bryant K. Zimmerman, San Francisco, Cal., for libelants California Packing Corp. and others.

Derby, Cook, Quinby & Tweedt, San Francisco, Cal., for libelants Producers Cooperative Packing Co. and others.

John Hays, George L. Waddell, Dorr, Cooper & Hays, San Francisco, Cal., for respondents.

ROCHE, District Judge.

These two causes of action, having been consolidated, were brought for damages to canned goods and dried fruit shipped aboard the S.S. Empire State from various ports on the west coast to various ports on the gulf coast early in 1956.

Between January 7 and January 22, 1956, the Empire State loaded cargo—including that owned by libelants which is the subject of these actions—for shipment to the gulf coast via the Panama...

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