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PUGET SOUND TUG & BARGE CO. v. UNITED STATES

No. 14905.

73 F.Supp. 1017 (1947)

PUGET SOUND TUG & BARGE CO. v. UNITED STATES.

District Court, W. D. Washington, N. D.

September 10, 1947.

Attorney(s) appearing for the Case

Merritt, Summers & Bucey, of Seattle, Wash., (G. H. Bucey and Charles B. Howard, both of Seattle, Wash., of counsel), for libelant.

J. Charles Dennis, U. S. Atty., of Seattle, Wash., (Frank Pellegrini, Asst. U. S. Atty., of Seattle, Wash., of counsel), for respondent.

BOWEN, District Judge.

I find no difficulty respecting the proof as to the condition of the barge at the time the towage was commenced. The undisputed evidence requires the Court to find and conclude, and the Court does so, that when the towage services began the Barge 27 was in a seaworthy condition. On the other hand, it is just as clear to the Court from the evidence and from the preponderance thereof, and the Court so finds, that the master of the tug W. S. A...

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