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NIPPON SHOSEN KAISHA, K.K. v. UNITED STATES

Nos. 28865, 28873, 28889.

238 F.Supp. 55 (1964)

NIPPON SHOSEN KAISHA, K.K., a corporation, Libelant and Cross-Respondent, v. The UNITED STATES of America, Respondent and Cross-Libelant. The TOKIO MARINE AND FIRE INSURANCE COMPANY, Limited, a corporation, the Sumitomo Marine & Fire Insurance Co., Ltd., a corporation, the Nippon Fire & Marine Insurance Company, Limited, a corporation, Westchester Fire Insurance Company, a corporation, and Marubeni-Iida (America), a corporation, Libelants, v. The UNITED STATES of America, Respondent. Petition of NIPPON SHOSEN KAISHA, K.K., a corporation, owner of the vessel S.S. KOKOKU MARU, for exoneration from or limitation of liability.

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

January 8, 1964.

Attorney(s) appearing for the Case

Graham, James & Rolph, San Francisco, Cal., for libelants in Nos. 28865 and 28889.

Cecil Poole, U. S. Atty., San Francisco, Cal., for respondents in Nos. 28865 and 28873.

McCutchen, Doyle, Brown, Trautman & Enersen, San Francisco, Cal., for libelant in No. 28873.

McCutchen, Doyle, Brown, Trautman & Enersen, San Francisco, Cal., for respondent in No. 28889.

SWEIGERT, District Judge.

The issue before the Court is whether the moving party, petitioner Sumitomo Marine and Fire Insurance Co., Ltd., a Japanese insurance corporation (hereafter referred to as Sumitomo), is entitled to the sum of $12,467.76, presently in the registry of the Court, which represents proceeds from the sale by a Court-appointed trustee of cargo consisting of 2,702.5 tons of phosphate rock.

Sumitomo's petition, filed September 12, 1963, alleges...

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