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MARPORT, INC. v. STABBERT AND ASSOCIATES, INC.

No. 84-1786.

771 F.2d 1216 (1985)

MARPORT, INC., an Oregon corporation; and California Dredging, a California Corporation, Plaintiffs/Appellants, v. STABBERT AND ASSOCIATES, INC., a Washington corporation, Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 16, 1985.

Attorney(s) appearing for the Case

William P. Horton, Alex L. Parks, Parks, Montague, Allen & Greif, Portland, Or., for plaintiffs/appellants.

Stanley L. Gibson, Derby, Cook, Quinby & Tweedt, San Francisco, Cal., for defendant/appellee.

Before ANDERSON and CANBY, Circuit Judges and REA District Judge.

CANBY, Circuit Judge:

Marport concedes that under the terms of the towage agreement, it may recover from Stabbert only by demonstrating that the tug's unseaworthiness caused Marport's loss. The district court, failing to find any material factual issue as to the seaworthiness of the tug, granted summary judgment for Stabbert. Because we agree with the ruling of the district court, we need not pass upon Stabbert's opening contention that it is entitled to judgment...

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