DILLINGHAM TUG v. COLLIER CARBON & CHEMICAL CORP.

Nos. 81-4494, 81-4538, 81-4540 and 81-4547.

707 F.2d 1086 (1983)

DILLINGHAM TUG & BARGE CORPORATION, a corporation, Plaintiff-Appellant and Cross-Appellees, v. COLLIER CARBON & CHEMICAL CORPORATION, a corporation, Defendant-Appellee and Cross-Appellant. UNION OIL COMPANY OF CALIFORNIA, Third Party Plaintiff-Appellant and Cross-Appellee, v. NICKUM & SPAULDING ASSOCIATES, INC.; The Salvage Association, Third Party Defendants-Appellees and Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided June 10, 1983.


Attorney(s) appearing for the Case

John R. Pascoe, Forrest Booth, Hancock, Rothert & Bunshoft, San Francisco, Cal., for Dillingham Tug & Barge Corp.

Scott T. Pratt, Keesal, Young & Logan, Long Beach, Cal., for Collier and Union Oil.

Seth W. Morrison, Oles, Morrison, Rinker, Stanislaw & Ashbaugh, Seattle, Wash., David Van Hoesen, Williams, Van Hoesen & O'Connor, San Francisco, Cal., for Nickum & Spaulding Associates.

Norman B. Richards, Richard C. Brautigam, Marilee J. Allan, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for Salvage Ass'n.

Before TANG and ALARCON, Circuit Judges, and KENYON, District Judge.


KENYON, District Judge:

All four parties to this action appeal from the district court's decision in this case. We affirm in part and reverse in part, 548 F.Supp. 691.

FACTUAL AND PROCEDURAL BACKGROUND

This case arises out of the sinking of the barge Columbia, which was owned by the Collier Carbon & Chemical Corporation, a division of the Union Oil Company (Union). The tower of the barge, the Dillingham...

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