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ALBINA ENGINE & MACHINE WKS. v. HERSHEY CHOCOLATE CORP.

No. 17070.

295 F.2d 619 (1961)

ALBINA ENGINE & MACHINE WORKS, INC., an Oregon Corporation, Appellant, v. HERSHEY CHOCOLATE CORPORATION, a Delaware Corporation, et al., Appellees.

United States Court of Appeals Ninth Circuit.

September 28, 1961.

Attorney(s) appearing for the Case

Krause, Lindsay & Nahstoll, by Gunther F. Krause, and Alan H. Johansen, Portland, Or., for appellant.

Koerner, Young, McColloch & Dezendorf and John Gordon Gearin and James H. Clarke, Portland, Or., for appellees Hershey Chocolate Corp. and others.

Wood, Wood, Tatum, Mosser & Brooke, by Erskine Wood, Portland, Or., for appellee Luckenbach S. S. Co., Inc.

Before BARNES, HAMLEY and MERRILL, Circuit Judges.

MERRILL, Circuit Judge.

On April 2, 1958, a fire occurred aboard the S.S. Robert Luckenbach, an ocean-going cargo vessel owned and operated by appellee Luckenbach Steamship Company, while the ship was undergoing repairs in Portland, Oregon. The source of the fire was a welding operation being conducted by appellant Albina Engine & Machine Works. As a result of the fire, damage was sustained by the ship and by its cargo. The ship's damage was repaired by Albina...

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