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SAINT PAUL MARINE TRANS. CORP. v. CERRO SALES CORP.

Civ. No. 3082.

313 F.Supp. 377 (1970)

SAINT PAUL MARINE TRANSPORTATION CORP. et al., on its own behalf as owner and on behalf of the Master and crew of the M/V ST. PAUL, Plaintiff, v. CERRO SALES CORPORATION, Dillingham Corporation, and the following officers and crew of the TUG MALIE, Capt. Frank P. Kapele, Valentine Lewis, Ronald Kamakaninui Kahapea, Bruno Ekela Ezera Kana, Liwai Kipu, Lance H. Julian, George Everett Tagen II, Joseph Louis Tavares, Jr., Paul Raquedan, Defendants.

United States District Court. D. Hawaii.

April 29, 1970.

Attorney(s) appearing for the Case

Paul F. Cronin, Honolulu, Hawaii, for plaintiffs Saint Paul Marine Transportation Corp., and others; Pratt, Moore, Bortz & Case, Honolulu, Hawaii, of counsel.

Roy A. Vitousek, Jr., Honolulu, Hawaii, for defendant Cerro Sales Corp.; George L. Waddel, Dorr, Cooper & Hays, San Francisco, Cal., of counsel.

William L. Fleming, Honolulu, Hawaii, H. Donald Harris, Jr., San Francisco, Cal., for defendant Dillingham Corp.; Lillick, McHose, Wheat, Adams & Charles, San Francisco, Cal., Cades, Schutte, Fleming & Wright, Honolulu, Hawaii, of counsel.

DECISION ON MOTION TO DISMISS PLAINTIFF'S LIFE SALVAGE CLAIM

PENCE, Chief Judge.

Chronology of Events

On June 23, 1968, at about 1515 the M/V St. Paul received a radioed S.O.S. from the U. S. Coast Guard that the S. S. North America was on fire in its vicinity, about 600 miles ESE of Honolulu, Hawaii. The St. Paul notified the Coast Guard of its own position. About 1600, the St. Paul received...

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