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WILLAMETTE-WESTERN CORP. v. COLUMBIA PACIFIC TOWING CO.

No. 71-2522.

466 F.2d 1390 (1972)

WILLAMETTE-WESTERN CORPORATION, Plaintiff-Appellee, v. COLUMBIA PACIFIC TOWING COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 23, 1972.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr. (argued), Paul N. Daigle, J. Laurence Cable, of Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, Or., for defendant-appellant.

William F. White (argued), of White, Sutherland & Gilbertson, Portland, Or., for plaintiff-appellee.

Before JERTBERG, ELY and HUFSTEDLER, Circuit Judges.

ELY, Circuit Judge:

Columbia-Pacific [hereinafter C-P] appeals from a portion of the District Court's judgment, allowing Willamette-Western [hereinafter W-W] to recover damages for injuries allegedly caused by C-P's employees to property belonging to W-W. C-P contends that since the insurers of the property paid W-W for the bulk of its losses, neither W-W nor the insurers can recover this payment from C-P. In the circumstances of this case, we are persuaded that C...

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