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DONILY v. UNITED STATES

Civ. No. 71-553, 71-718, 72-725.

381 F.Supp. 901 (1974)

Janet A. DONILY, Individually and as Administratrix of the Estate of Lary R. Donily, et al., Plaintiffs, v. UNITED STATES of America, Defendant (two cases). Complaint of the UNITED STATES of America For Exoneration from or Limitation of Liability as Owner of U. S. COAST GUARD VESSEL 36531.

United States District Court, D. Oregon.

May 17, 1974.

Attorney(s) appearing for the Case

Pozzi, Wilson & Atchison, Portland, Or., for plaintiffs.

Sidney I. Lezak, U. S. Atty., William Borgeson, Asst. U. S. Atty., Portland, Or., William E. Gwatkin, III; Richard J. Beaver, Admiralty and Shipping Section, U. S. Dept. of Justice, San Francisco, Cal., for United States of America.

OPINION

SOLOMON, District Judge:

The United States Coast Guard Vessel CG-36531 (the 36) was towing the fishing vessel TONJA ANNE across the Tillamook Bar when the TONJA ANNE capsized and Lary Donily (Donily) and a companion drowned. Three claims filed as a result of Donily's death were consolidated for trial. Plaintiffs, the widow and daughters of Donily, first filed an action under the Suits in Admiralty Act, 46 U.S.C. § 741, and Public Vessels Liability...

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