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DANT & RUSSELL, INC. v. DILLINGHAM TUG & BARGE CORP.

Nos. 86-4236, 86-4244.

895 F.2d 507 (1989)

DANT & RUSSELL, INC., a corporation; Fireman's Fund Insurance Company, a corporation, Plaintiffs-Appellees, v. DILLINGHAM TUG & BARGE CORP., dba Hawaiian Tug & Barge Co.; The TUG MIKONIA, a vessel, in rem; et al., Defendants, and Pacific Hawaiian Lines, a corporation; The BARGE NORTON SOUND, in rem, Defendants-Appellants. DANT & RUSSELL, INC., a corporation; and Fireman's Fund Insurance Company, a corporation, Plaintiffs-Appellants, v. DILLINGHAM TUG & BARGE CORP., dba Hawaiian Tug and Barge Company; the TUG MIKIONA, a vessel, in rem; Pacific Hawaiian Lines, a corporation; the BARGE NORTON SOUND, in rem; Dillingham Ship Repair, Portland, Oregon, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 16, 1989.

As Amended on Denial of Rehearing and Rehearing January 30, 1990.

Attorney(s) appearing for the Case

Paul N. Wonacott, Wood Tatum Mosser Brooke & Landis, Portland, Or., for plaintiffs/appellees/cross-appellants Dant & Russell and Fireman's Fund.

Alex L. Parks and William P. Horton, Parks, Allen, Livingston & Greif, Portland, Or., for defendant/appellant/cross-appellee Pacific Hawaiian Lines.

Before SKOPIL, HALL and O'SCANNLAIN, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc January 30, 1990.

AMENDED OPINION

PER CURIAM:

We are presented with the maritime law question of whether a vessel owner is liable to a cargo owner for damages in the absence of privity. We reverse the district court's finding that the vessel owner was negligent and its further finding that the vessel owner breached a warranty of seaworthiness. As a result, the district court's determination...

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