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IN RE LIBERTY SHIPPING CORPORATION

No. 73-2995.

509 F.2d 1249 (1975)

In the Matter of the Complaint of LIBERTY SHIPPING CORPORATION, a foreign corporation, owner of the MOTOR SHIP DON JOSE FIGUERAS, for Exoneration from or Limitation of Liability, Plaintiff. NEW YORK MERCHANDISE CO., INC., et al., Plaintiffs-Appellees, v. LIBERTY SHIPPING CORPORATION, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

January 23, 1975.

Attorney(s) appearing for the Case

Sam L. Levinson (argued), of Levinson, Friedman, Vhugen, Duggan & Bland, Seattle, Wash., for defendant-appellant.

Robert H. Thede (argued), of Derby, Cook, Quimby & Tweedt, San Francisco, Cal., for plaintiffs-appellees.

Before MERRILL and WALLACE, Circuit Judges, and SKOPIL, District Judge.

OPINION

MERRILL, Circuit Judge:

The question here presented is whether the shipowner, appellant Liberty Shipping Corporation, was properly held liable for damage to cargo caused by fire at sea.

In its memorandum of opinion the district court stated:

"The cargo damage involved in this case proximately resulted from two causes: fire and the unseaworthiness of the DON JOSE FIGUERAS. Each contributed to the damage in No. 3 hatch, but the damage...

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