UNITED STATES v. BRIGGS MANUFACTURING COMPANY

Nos. 25860, 25886.

460 F.2d 1195 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. BRIGGS MANUFACTURING COMPANY, Defendant-Third Party Plaintiff-Appellant, v. B. G. TOOMBS, d/b/a Toombs Steel Company, Third Party Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 3, 1972.


Attorney(s) appearing for the Case

William D. Appler (argued), Alan S. Rosenthal, L. Patrick Gray, III, Asst. Atty. Gen., Washington, D. C.; Stan Pitkin, U. S. Atty., Albert Stephan, Asst. U. S. Atty., Seattle, Wash., Frederick F. Burgess, Jr., Admiralty & Shipping Section, San Francisco, Cal., Morton Hollander and William D. Ruckelhaus, Asst. Atty. Gen., Robert V. Zener, Washington, D. C., for appellant.

Stanley J. Burkey (argued) of Burkey, Marsico, Rovai & McGoffin, Tacoma, Wash., for appellee.

Bruce Rinker (argued) of DeGarmo, Leedy, Oles & Morrison, Seattle, Wash., Jay Hodges, of Curran & Hodges, Fairbanks, Alaska, for third party defendant.

Before CHAMBERS and HUFSTEDLER, Circuit Judges, and MURRAY, District Judge.


ORDER OF AFFIRMANCE AND MODIFICATION

PER CURIAM.

The United States brought this action to recover for freight, lighterage and longshoring, and terminal charges, from Briggs for a shipment from Seattle to Point Barrow, Alaska. The trial court found for the United States on several grounds. We need not discuss them all, for it is clear that, from the findings of the court which are not clearly erroneous, Briggs is bound by custom and usage of the business...

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