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UNION OIL COMPANY OF CALIFORNIA v. TUGBOAT SAN JACINTO

No. 25775.

451 F.2d 1369 (1971)

UNION OIL COMPANY OF CALIFORNIA, a corporation, Plaintiff-Appellee, v. The TUGBOAT SAN JACINTO and the BARGE OLIVER J. OLSON III, their engines, boilers, tackle, apparel and furniture, et al., Defendants-Appellants. STAR & CRESCENT TOWBOAT COMPANY, a corporation, and Oliver J. Olson & Company, a corporation, Cross-Plaintiffs-Appellants, v. UNION OIL COMPANY OF CALIFORNIA, a corporation, and the TANKER SS SANTA MARIA, Cross-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Certiorari Granted February 28, 1972.

Attorney(s) appearing for the Case

Erskine B. Wood (argued), of Wood, Wood, Tatum, Mosser & Brooke, Portland, Or., for defendants-appellants.

Kenneth E. Roberts (argued), Ben Lombard, Jr., of Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, Or., for plaintiff-appellee.

Before CHAMBERS and WRIGHT, Circuit Judges, and McNICHOLS, District Judge.

Certiorari Granted February 28, 1972. See 92 S.Ct. 1177.

EUGENE A. WRIGHT, Circuit Judge:

The appeal in this admiralty case requires us to consider the continuing vitality of the half-distance rule as the appropriate measure of the statutory command to go at moderate speed in fog. 33 U.S.C. § 192.

On Christmas Eve 1967 a Union Oil Company tanker, the Santa Maria, collided with a lumber barge towed by the tugboat San Jacinto. The vessels were moving...

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