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RAPPENECKER v. UNITED STATES

Nos. C-76-0298-WWS, C-76-0422-WWS, C-77-0565-WWS and C-77-0939-WWS.

509 F.Supp. 1018 (1981)

Alfred J. RAPPENECKER, Albert Minichello, Darryl V. Kastl, Frank Conway and Raymond Paul Friedler, Jr., Plaintiffs, v. UNITED STATES of America, Defendant. Carol A. SCHMIDT, As Administratrix of the Estate of Earl C. Gilbert, Plaintiff, v. UNITED STATES of America, Defendant. Juan P. SANCHEZ and Wilbert N. Bock, Plaintiffs, v. UNITED STATES of America, Defendant. Francis PASTRANO, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N. D. California.

March 10, 1981.

Attorney(s) appearing for the Case

Martin J. Jarvis, Jarvis, Miller, Brodsky & Baskin, Inc., San Francisco, Cal., for plaintiffs.

G. William Hunter, U.S.Atty., Philip A. Berns, Warren A. Schneider, Attys., Torts Branch, Civil Division, Dept. of Justice, San Francisco, Cal., John Perruzzi, Defense Mapping Agency, William E. Gwatkin, III, Admiralty & Shipping Section, U. S. Dept. of Justice, Washington, D. C., for defendant.

MEMORANDUM OF OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

WILLIAM W. SCHWARZER, District Judge.

These consolidated actions arise out of the seizure of the SS MAYAGUEZ on May 12, 1975 by Cambodian forces in the vicinity of the Poulo Wai Islands off the Cambodian coast. At the time of the seizure, the MAYAGUEZ was proceeding on a course plotted in accordance with the Sailing Directions, a volume published by the United States government. The factual background...

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