U.S. Court of Appeals for the Ninth Circuit, 1960

Todd Shipyards Corporation v. United States

U.S. Court of Appeals for the Ninth Circuit · Decided March 14, 1960 · Orr, Hamlin, Jameson

274 F.2d 402 (Federal Reporter, Second Series)

Counsel

McCutchen, Doyle, Brown & Enersen, Russell A. Mackey, Bryant K. Zimmerman, San Francisco, Cal., Crowell, Rouse & Varían, George L. Varían, New York City, for Todd Shipyards., George C. Doub, Asst. Atty. Gen., Samuel D. Slade, Leavenworth Colby, Keith R. Ferguson, Graydon S. Staring, Attys., Dept, of Justice, Washington, D. C., for appellee, U. S. A.

Cases that cite this one

3 later published cases cite this decision.

In re Brian Christopher Amble as the alleged owner of a certain 1971 Far East Mariner 40 bearing hull identification number GM82 and her engines, tackle, appurtenances, etc. (United States District Court for the Northern District of California 2021)
United States Court of Appeals, Second Circuit (2d Cir. 1994)
Marine Recreational Opportunities, Inc. v. Berman (2d Cir. 1994)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

On May 2, 1958, the United States of America filed a petition pursuant to 46 U.S.C.A. § 185 in the United States District Court for the Northern District of California (Southern Division) praying for exoneration from or limitation of liability as provided for in section 183, 46 U.S.C.A. Appellant Todd Shipyards Corporation, one of 57 claimants against the government, made a motion to dismiss the petition. The motion was denied and this appeal taken.

We agree with the trial court that there is a possibility of claims being asserted in this cause which are clearly subject to limitation, and further we are of the opinion that the questions presented by this motion to dismiss can best be decided after a hearing is had on the merits.

The denial of the motion to dismiss is affirmed.

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