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T. J. FALGOUT BOATS, INC. v. UNITED STATES

No. 73-1755.

508 F.2d 855 (1974)

T. J. FALGOUT BOATS, INC. and Insurance Company of North America, Appellants, v. UNITED STATES of America, the Department of the Navy, Appellee.

United States Court of Appeals, Ninth Circuit.

December 27, 1974.

Attorney(s) appearing for the Case

F. T. Muegenburg, Jr., Ventura, Cal. (argued), of Heily, Blase, Ellison & Muegenburg, Oxnard, Cal., for appellants.

Paul Gary Sterling (argued), Admiralty & Shipping Section, Dept. of Justice, San Francisco, Cal., for appellee.

Before KILKENNY and TRASK, Circuit Judges, and RICH, Judge.

OPINION

KILKENNY, Circuit Judge:

This case was heard in the district court and is now before us on an agreed statement of facts, the germane portion of which reads:

* * * * * * "On August 12, 1968, a ship, the PACIFIC SEAL, a 299 gross tons ship owned by Falgout Boats, Inc., operating in navigable waters off the coast of California, was struck by a Sidewinder missile,...

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