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IN RE SMITH-RICE NO. 4

Nos. 29525, 29526.

323 F.Supp. 44 (1968)

In re SMITH-RICE NO. 4, on the Petition of Smith-Rice Company, Smith-Rice Derrick Barges, Inc., Smith-Rice Barge No. 1 Company, Smith-Rice Barge No. 2 Company, and Smith-Rice Barge No. 3 Company, and Smith-Rice Barge No. 4 Company for Exoneration from or Limitation of Liability. In re SMITH-RICE NO. 18 on the Petition of Smith-Rice Company, Smith-Rice Derrick Barges, Inc., Smith-Rice Barge No. 1 Company, Smith-Rice Barge No. 2 Company, and Smith-Rice Barge No. 3 Company, and Smith-Rice Barge No. 4 Company for Exoneration from or Limitation of Liability.

United States District Court, N. D. California.

July 15, 1968.

Attorney(s) appearing for the Case

Gladstein, Andersen, Leonard, Sibbett & Patsey, with Norman Leonard, San Francisco, Cal., for claimants Morgan, Cooke and Kole.

Walkup, Downing, Walach & Sterns, by Robert Walach, San Francisco, Cal., for claimant Carroll.

Fouke, Wertsch & Hayes, by James T. Igoe, San Francisco, Cal., for claimant Sipes.

Partridge, O'Connell & Partridge, by Robert G. Partridge, San Francisco, Cal., for claimants Pacific Ship Repair, Inc., and Pacific Shops, Inc.

Lillick, McHose, Wheat, Adams & Charles by Graydon S. Staring and Alf R. Brandin, Wallace, Pasco, Norton & Ray, by William R. Ray, San Francisco, Cal., Associate Counsel for petitioners.

MEMORANDUM OPINION FINDINGS OF FACT AND CONCLUSIONS OF LAW

WOLLENBERG, District Judge.

This is a petition for exoneration from or limitation of liability brought pursuant to 46 U.S.C. § 183 et seq. While several employees of petitioner Smith-Rice Company were working on a 30-ton Colby crane, said crane collapsed backwards causing their deaths, giving rise to various claims against petitioners, which are now made the subject of this petition. The petition...

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