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STATE OF OREGON v. TUG GO-GETTER

Civ. Nos. 66-499, 66-521.

299 F.Supp. 269 (1969)

STATE OF OREGON, By and Through its STATE HIGHWAY COMMISSION, composed of Glenn L. Jackson, Kenneth N. Fridley and David B. Simpson, Plaintiff, v. TUG GO-GETTER, her engines, apparel and equipment, Sause Bros. Ocean Towing Co., an Oregon corporation, Oliver J. Olson & Co., a California corporation, Olson Towboat Co., a California corporation, Charles May and John G. Davis, Defendants. Petition of SAUSE BROS. OCEAN TOWING CO., Inc., a corporation, for Exoneration from or Limitation of Liability, as the Owner of the Tug Go-Getter.

United States District Court D. Oregon.

March 17, 1969.

Attorney(s) appearing for the Case

Robert Y. Thornton, Atty. Gen. of Oregon, George E. Rohde, Chief Counsel for Oregon State Highway Commission, Frank C. McKinney, Asst. Counsel, Salem, Or., William F. White, Special Asst. Counsel, White, Sutherland & Gilbertson, Portland, Or., for plaintiff and claimant, State of Oregon.

Samuel L. Holmes, Angell, Adams & Holmes, San Francisco, Cal., Walter H. Evans, Jr., Portland, Or., for defendants Oliver J. Olson & Co. and Olson Towboat Co.

Carl R. Neil, Krause, Lindsay & Nahstoll, Portland, Or., for defendants Tug GO-GETTER, Sause Bros. Ocean Towing Co. and John G. Davis and petitioner Sause Bros. Ocean Towing Co.

Richard V. Bayless, Winfree, Murphy & Bayless, Portland, Or., for defendant Charles May.

AMENDED OPINION

SOLOMON, Chief Judge:

PARTIES AND CLAIMS

These actions arose when a barge, in tow of a tug, struck the pier of a bridge, causing damage to the bridge and the barge. This Court has jurisdiction under 28 U.S.C. § 1333.

The State of Oregon (State) operates Bullards Bridge, crossing the Coquille River about two nautical miles upstream from Bandon, Oregon. In the mid-afternoon...

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