HERSHEY CHOCOLATE CORP. v. THE S.S. ROBERT LUCKENBACH

Civ. Nos. 9997, 10001, 10002, 328-59, 335-59, 336-59.

184 F.Supp. 134 (1960)

HERSHEY CHOCOLATE CORPORATION, a Delaware corporation, Libelant, v. THE S.S. ROBERT LUCKENBACH, her engines, tackle, apparel and furniture, Luckenbach Steamship Company, Inc., a Delaware corporation, and Albina Engine & Machine Works, Inc., an Oregon corporation, Respondents. LUCKENBACH STEAMSHIP COMPANY, Inc., a corporation, Cross-Claimant, v. ALBINA ENGINE & MACHINE WORKS, INC., an Oregon corporation, Cross-Respondent (three cases). LUCKENBACH STEAMSHIP COMPANY, Inc., a Delaware corporation, Cross-Claimant and Cross-Respondent, v. ALBINA ENGINE & MACHINE WORKS, INC., an Oregon corporation, Cross-Respondent and Cross-Libelant (three cases). LONGVIEW FIBRE COMPANY, a corporation, and Waltham Bag and Paper Company, a corporation, Libelants, v. THE S.S. ROBERT LUCKENBACH, her engines, tackle, apparel and furniture, Luckenbach Steamship Company, Inc., a Delaware corporation, and Albina Engine & Machine Works, Inc., an Oregon corporation, Respondents. ZELLERBACH PAPER COMPANY, a California corporation, and Northwest Grocery Company, an Oregon corporation, Co-Libelants, v. THE S.S. ROBERT LUCKENBACH, her engines, tackle, apparel and furniture, Luckenbach Steamship Company, Inc., a Delaware corporation, and Albina Engine & Machine Works, Inc., an Oregon corporation, Respondents. PEYTON BAG COMPANY, a corporation, Libelant, v. THE S.S. ROBERT LUCKENBACH, her engines, tackle, apparel and furniture, Luckenbach Steamship Company, Inc., a Delaware corporation, and Albina Engine & Machine Works, Inc., an Oregon corporation, Respondents. ALBINA ENGINE & MACHINE WORKS, INC., an Oregon corporation, Respondent and Cross-Libelant, v. LUCKENBACH STEAMSHIP COMPANY, Inc., a Delaware corporation, Cross-Respondent. W. E. FINZER & COMPANY, a corporation, Libelant, v. ALBINA ENGINE & MACHINE WORKS, INC., a corporation, Respondent. LUCKENBACH STEAMSHIP COMPANY, Inc., a corporation, Third-Party Respondent. HEARST PUBLISHING COMPANY, Inc., (Pejepscot Paper Division) a corporation, Libelant, v. ALBINA ENGINE & MACHINE WORKS, INC., a corporation, Respondent. LUCKENBACH STEAMSHIP COMPANY, Inc., a corporation, Third-Party Respondent.

United States District Court D. Oregon.

March 10, 1960.


Attorney(s) appearing for the Case

John Gordon Gearin of Koerner, Young, McColloch & Dezendorf, Portland, Or., for libelant.

Erskine Wood of Wood, Matthiessen, Wood & Tatum, Portland, Or., for respondents S. S. Robert Luckenbach and Luckenbach Steamship Co.

Gunther F. Krause of Krause, Lindsay & Nahstoll, Portland, Or., for respondent Albina Engine & Machine Works, Inc.


KILKENNY, District Judge.

Libelants were the owners of certain goods, wares and merchandise which had been delivered by them in good condition to Luckenbach Steamship Company, Inc., a corporation, (herein called "Luckenbach") for delivery to Portland, Oregon, in consideration of agreed freight and in accordance with the terms and conditions of certain bills of lading. Said property was loaded as cargo aboard the S. S. Robert Luckenbach, an ocean-going cargo vessel...

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