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WEYERHAEUSER CO. v. ATROPOS ISLAND

Nos. 84-3707, 84-3914 and 84-4026.

777 F.2d 1344 (1985)

WEYERHAEUSER COMPANY, a corporation, Plaintiff-Appellant, v. Vessels ATROPOS ISLAND and CYNTHIA, et al., Defendants-Appellees. (Two Cases). WEYERHAEUSER COMPANY, a corporation, Plaintiff-Appellee, v. Vessel ATROPOS ISLAND, etc., et al., Defendants, and Vessel CYNTHIA, its engine, tackle, gear and furnishings, etc., in rem; Evergreen Shipping Co., Ltd.; and Cynthia Maritima Corporation., foreign corporations, Defendants-Appellants. CYNTHIA MARITIMA CORPORATION, and Evergreen Shipping Co., Ltd., Plaintiffs-Appellants, v. The Vessel M/V ATROPOS ISLAND and A.S. Line K.K., a foreign corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 3, 1985.

As Amended on Denial of Rehearing and Rehearing February 6, 1986.

Attorney(s) appearing for the Case

Floyd A. Fredrickson, John Dudrey, Williams, Fredrickson, Stark, Hiefield, Norville & Weisensee, P.C., Portland, Or., for Weyerhauser.

M. Christie Helmer, Miller, Nash, Yerke, Wiener & Hagar, Portland, Or., for Vessel M/V Atropos & A.S. Line K.K.

Erskine B. Wood, John M. Cowden, Wood, Tatum, Mosser, Brooke & Holden, Portland, Or., for defendants-appellees.

Before BROWNING and ALARCON, Circuit Judges, and STEPHENS, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc February 6, 1986.

ALARCON, Circuit Judge:

This admiralty action arises out of a severe storm on the Columbia river. The storm caused two ships, the Cynthia and the Atropos Island, to move from the place they were anchored and to damage the docks of Weyerhaeuser Company. The district court exonerated Atropos Island of any liability and held Cynthia liable for some, but not all, of the damages to Weyerhaeuser...

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