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AMERICAN CEMENT CORP. v. HEALY TIBBITTS CONSTRUCTION CO.

No. 64-1260.

249 F.Supp. 891 (1966)

AMERICAN CEMENT CORPORATION, a corporation, Libelant, v. HEALY TIBBITTS CONSTRUCTION COMPANY, a corporation, Respondent. HEALY TIBBITTS CONSTRUCTION COMPANY, a corporation, Petitioner, v. GARVIN TOWBOAT AND BARGE COMPANY, a corporation, and American Cement Corporation, a corporation, Third-Party Respondents.

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

February 7, 1966.

Attorney(s) appearing for the Case

Lillick, Geary, McHose & Roethke, Lawrence D. Bradley, Jr., Los Angeles, Cal., for libelant and third-party respondent American Cement Corp.

Overton, Lyman & Prince, Dan Brennan and Jerome O. Hughey, Los Angeles, Cal., for respondent and petitioner Healy Tibbitts Const. Co.

McCutchen, Black, Verleger & Shea, Howard J. Privett and James W. Carpenter, Los Angeles, Cal., for third-party respondent Garvin Towboat & Barge Co.

THURMOND CLARKE, District Judge.

This action arises out of loss of part of a cargo of rock from a barge under tow, and consequent damage to the vessel.

Libelant and third-party respondent American Cement Corporation (referred to herein as "American") was vendor of the rock and owner of the barge. Respondent and petitioner Healy Tibbitts Construction Company ("Healy Tibbitts") was purchaser of the rock. Third-party...

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