SEARS, ROEBUCK AND CO. v. AMERICAN PRESIDENT LINES, LTD.

Nos. 47292, 47385 and 47637.

345 F.Supp. 395 (1971)

SEARS, ROEBUCK AND CO., a corporation, Plaintiff, v. AMERICAN PRESIDENT LINES, LTD., a corporation, et al., Defendants. AMERICAN PRESIDENT LINES, LTD., a corporation, Cross-Claimant, v. NATIONAL STEEL AND SHIPBUILDING COMPANY, a corporation, et al., Cross-Defendants. NATIONAL STEEL AND SHIPBUILDING COMPANY, a corporation, Cross-Claimant and Third-Party Plaintiff, v. MacGREGOR-COMARAIN, INC., Cross-Defendant.

United States District Court, N. D. California.

Supplemental Memorandum July 8, 1971.


Attorney(s) appearing for the Case

Robert E. Patmont, Patmont & Meyers, San Francisco, Cal., for Sears, Roebuck & Co.

Robert H. Thede, Esq., Derby, Cook, Quinby & Tweedt, San Francisco, Cal., for Acme Mill Supply, and Phoenix Assur. Co., and others.

Norman B. Richards, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for American President Lines, Ltd.

Fielding H. Lane, Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., for Natl. Steel & Shipbuilding Co.

Barry L. Bunshoft, Cushing, Cullinan, Hancock & Rothert, San Francisco, Cal., for MacGregor-Comarain, Inc.

Frank J. Maley, Mendes & Mount, New York City, for Phoenix Assur. Co.


MEMORANDUM FOR JUDGMENT

OLIVER J. CARTER, Chief Judge.

The case at bar is before the Court under admiralty and general maritime jurisdiction. The plaintiffs are the owners or subrogated insurers of numerous articles of cargo that were shipped aboard the SS President Monroe in late July and early August of 1966. The cargo was loaded onto the ship at various ports in Japan, and its ultimate destination was Los Angeles. While the vessel was in San Francisco...

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