STATES MARINE CORP. OF DEL. v. PRODUCERS COOP. PACKING CO.

Nos. 16931 and 16932.

310 F.2d 206 (1962)

STATES MARINE CORPORATION OF DELAWARE, a Corporation, Appellant, v. PRODUCERS COOPERATIVE PACKING CO., Stokely-Van Camp, Inc., Spring-brook Packing Company, Winndixie Tampa Inc., and Stanislaus Food Products Co., Appellees. STATES MARINE CORPORATION OF DELAWARE, a Corporation, Appellant, v. CALIFORNIA PACKING CORPORATION, Hollister Canning Company, Hunt Foods, Inc., Richmond-Chase Growers, Inc., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 13, 1962.


Attorney(s) appearing for the Case

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

Derby, Cook, Quinby & Tweedt, Robert H. Thede, and Thomas R. Kerr, San Francisco, Cal., for appellees in 16931.

McCutchen, Doyle, Brown & Enersen, Russell A. Mackey and Bryant K. Zimmerman, San Francisco, Cal., for appellees in 16932.

Before POPE, BARNES and JERTBERG, Circuit Judges.


POPE, Circuit Judge.

These two cases, consolidated for trial in the district court and in this court, rose out of certain shipments of various quantities of canned goods and dried fruit received by the appellant aboard its ship SS Empire State for carriage from loading points at Seattle, Vancouver, Alameda and Stockton, to various ports of discharge on the Gulf of Mexico including Tampa, Mobile and New Orleans. In each case the libelants-appellees allege the delivery...

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