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NATIONAL DEVELOPMENT COMPANY v. CITY OF LONG BEACH

No. 808-57-TC.

187 F.Supp. 109 (1960)

NATIONAL DEVELOPMENT COMPANY, a corporation, et al., Libelants, v. CITY OF LONG BEACH, a municipal corporation; Sigurd A. Ougland, and J. A. Jacobsen & Company, Inc., a corporation, Respondents.

United States District Court S. D. California, Central Division.

March 21, 1960.

Attorney(s) appearing for the Case

Lillick, Geary, McHose, Roethke & Myers, Los Angeles, Cal., by William A. C. Roethke, and Kenneth E. Kulzick, Los Angeles, Cal., for libelant, National Development Co.

Ekdale & Shallenberger, San Pedro, Cal., by Arch E. Ekdale, San Pedro, Cal., and Wahlfred Jacobson, City Atty., Long Beach, for City of Long Beach.

John R. Nimocks, Deputy City Atty., Palo Alto, for respondents.

McCutchen, Black, Harnagel & Shea, and Howard J. Privett, Los Angeles, Cal., John F. McCarthy, Long Beach, Cal., for co-libelants, Aetna (Fire) Ins. Co., and others.

THURMOND CLARKE, District Judge.

This action is the result of the grounding of the Dona Aurora, a vessel owned by libelant National Development Company, Inc., on a breakwater belonging to the City of Long Beach. The casualty occurred as Dona Aurora was entering the harbor of Long Beach. We have concluded that Sigurd A. Ougland, a pilot furnished by the City of Long Beach through a contract subsisting between the City and...

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