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PETITION OF SHEFFIELD TANKERS CORPORATION

No. 27543.

168 F.Supp. 446 (1958)

Petition of SHEFFIELD TANKERS CORPORATION, a corporation, Owner of the Tanker THE TROJAN for Exoneration from, or Limitation of, Liability.

United States District Court D. California, S. D.

October 28, 1958.

Attorney(s) appearing for the Case

Robert H. Schnacke, U. S. Atty., San Francisco, Cal., Keith R. Ferguson, Special Asst. to the Atty. Gen., Graydon S. Staring, Advocate Atty., Dept. of Justice, San Francisco, Cal., for claimant the United States.

McCutchen, Doyle, Brown & Enersen, San Francisco, Cal. (Crowell, Rouse & Varian, New York City, of counsel), Russell A. Mackey, San Francisco, Cal., Advocate, for claimant Todd Shipyards Corp.

Lillick, Geary, Wheat, Adams & Charles, San Francisco, Cal. (Nelson, Healy, Baillie & Burke, New York City, of counsel), Mark Scott Hamilton, San Francisco, Cal., Advocate, for petitioner Sheffield Tankers Corp.

WOLLENBERG, District Judge.

Upon due consideration of the briefs and counsels' arguments, this Court concludes that neither Admiralty Rule 56, 28 U.S.C.A., nor Local Admiralty Rule 10(c), West's Ann.Cal.Code, is a bar to this petition. Todd Shipyards Corporation in resisting the motion of the United States has made the following two contentions: First, that Rule 56 requires the Government's cross claim seek relief for claims arising in this proceeding. Assuming...

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