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GRACE LINE, INC. v. TODD SHIPYARDS CORPORATION

Nos. 72-1296, 72-1336, 72-1298 and 72-1297.

500 F.2d 361 (1974)

GRACE LINE, INC., Plaintiff-Appellee, v. TODD SHIPYARDS CORPORATION, Defendant-Appellant. HOME INSURANCE COMPANY et al., Plaintiffs-Appellants, v. S. S. SANTA ANA, etc., et al., Defendants-Appellees. GRACE LINE, INC. (PRUDENTIAL-GRACE LINES, INC.), Plaintiff-Appellant, v. TODD SHIPYARDS CORPORATION et al., Defendant-Appellee. GRACE LINE, INC., et al., Plaintiffs-Appellees, v. TODD SHIPYARDS CORPORATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

May 20, 1974.

Attorney(s) appearing for the Case

George L. Waddell (argued), James D. Boughey, of Dorr, Cooper & Hays, San Francisco, Cal., George L. Varian, of Crowell, Rouse & Varian, New York City, for appellant Todd Shipyards Corp.

John R. Pascoe (argued), of Cushing, Cullinan, Hancock & Rothert, San Francisco, Cal., for Grace Line Inc.

James D. Boughey (argued), of Dorr, Cooper & Hays, San Francisco, Cal., George L. Varian, of Crowell, Rouse & Varian, New York City, for appellees Todd Shipyards Corp. and others.

Robert W. Wyckoff (argued), of Wyckoff & Cunningham, Frederick G. Harris (argued), of Patmont & Myers, San Francisco, Cal., for appellants Home Ins. Co. and others.

Carter Quinby (appeared), of Derby, Cook, Quinby & Tweedt, James D. Boughey, of Dorr, Cooper & Hays, John R. Pascoe, Cushing, Cullinan, Hancock & Rothert, San Francisco, Cal., George L. Varian, of Crowell, Rouse § Varian, New York City, for appellees S. S. Santa Ana and others.

Before KOELSCH, CARTER and WALLACE, Circuit Judges.

OPINION

JAMES M. CARTER, Circuit Judge:

This case arises out of a collision between a steamship and a drydock. We are presented with issues of negligence, the propriety of prejudgment interest, the scope of the United States Carriage of Goods by Sea Act, the interpretation and validity of so-called "Himalaya" clauses in bills of lading, and laches. Notwithstanding the number and complexity of the legal issues and the number of parties involved, the facts...

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