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SOUTHWEST MARINE v. CAMPBELL INDUSTRIES

Nos. 81-5350, 81-5477.

732 F.2d 744 (1984)

SOUTHWEST MARINE, INC., a California corporation, Plaintiff/Appellant, v. CAMPBELL INDUSTRIES, a California corporation; San Diego Marine Construction Corp., a California corporation; National Steel and Shipbuilding Co., a Nevada corporation; Triple A Machine Shop, Inc., a California corporation; and San Diego Unified Port District, a California corporation, Defendants-Appellees. SOUTHWEST MARINE, INC., a California corporation, Plaintiff-Appellee, v. CAMPBELL INDUSTRIES, a California corporation, et al., Defendants, National Steel and Shipbuilding Co. and Triple "A" Machine Shop, Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 7, 1984.

As Amended July 11, 1984.

Attorney(s) appearing for the Case

David E. Lundin, Fredman, Silverberg & Lewis, San Diego, Cal., for plaintiff-appellant.

James R. Sternberg, Sternberg, Eggers, Kidder & Fox, San Diego, Cal., Oliver Green, Paul, Hastings, Janofsky & Walker, Los Angeles, Cal., for defendants-appellees.

Before FLETCHER, NELSON, and REINHARDT, Circuit Judges.

PER CURIAM:

A drydock facility in San Diego Bay was jointly operated by Campbell Industries, San Diego Marine Construction Corp., Atkinson Marine Corp., Triple A Machine Shop, Inc., and National Steel and Shipbuilding Co. Use of the dock was governed by a written agreement between these parties which restricted use to the signatories. Other companies were granted access to the dock only if they met certain requirements set forth in the User's Agreement.

Arthur...

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