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UNITED STATES v. SS PRESIDENT VAN BUREN

No. 71-2735.

490 F.2d 504 (1973)

UNITED STATES of America, Plaintiff and Appellee, v. SS PRESIDENT VAN BUREN, etc., et al., Defendants. AMERICAN PRESIDENT LINES, LTD., Defendant, Third-party Plaintiff and Appellant, v. CITY OF LONG BEACH, Third-party Defendant and Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 20, 1974.

Attorney(s) appearing for the Case

Jack D. Fudge (argued), of McCutchen, Black, Verleger & Shea, Los Angeles, Cal., for appellant.

William D. Keller, U. S. Atty., Los Angeles, Cal., Allan J. Weiss (argued), of Admiralty & Shipping Section, Dept. of Justice, San Francisco, Cal., Gordon P. Shallenberger (argued), of Ekdale & Shallenberger, San Pedro, Cal., for appellee.

Before DUNIWAY and GOODWIN, Circuit Judges, and MURRAY, District Judge.

Alfred T. GOODWIN, Circuit Judge:

American President Lines, Ltd., challenges in this ship-collision case district court orders which dismissed its cross-claim against a pilot and its third-party complaint against the City of Long Beach. The court ruled that the tariff of the Port of Long Beach provided for noncompulsory pilotage services and that the exculpatory provisions of this tariff were valid. We agree with these conclusions, and affirm.

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