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STATE OF OREGON, STATE HIGHWAY COM'N v. TUG GO-GETTER

Nos. 25320, 25326 and 25342.

468 F.2d 1270 (1972)

STATE OF OREGON, By and Through its STATE HIGHWAY COMMISSION, composed of Glenn L. Lackson, Kenneth N. Fridley and David B. Simpson, Plaintiff-Appellant, v. TUG GO-GETTER, her engines, apparel, equipment, et al., Defendants-Appellees. 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, Petitioner,

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 5, 1972.

Attorney(s) appearing for the Case

William F. White (argued), of White, Sutherland & Gilbertson, Portland, Or., Lee Johnson, Atty. Gen., Portland, Or., George E. Rohde, Chief Counsel, Salem, Or., Samuel L. Holmes, of Angell, Adams & Holmes, San Francisco, Cal., for plaintiff-appellant.

Johnathan A. Ater (argued), Carl R. Neil, of Lindsay, Nahstoll, Hart, Dafoe & Krause, Portland, Or., Walter H. Evans Jr. (argued), William D. Peek, Portland, Or., for defendants-appellees.

Before CHAMBERS, HAMLEY and MERRILL, Circuit Judges.

Rehearing Denied in Nos. 25320 and 25326 October 5, 1972.

MERRILL, Circuit Judge:

The Coquille River empties into the Pacific Ocean at Bandon, Oregon. Some two miles upriver from Bandon, Bullard Bridge crosses the river. The bridge is owned, maintained and operated by the State of Oregon as part of the state's highway system. On October 4, 1966, the tug, Go-Getter, towing the barge, J. Whitney, was making an upstream passage through the draw...

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