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BERNERT TOWBOAT CO. v. USS CHANDLER (DDG 996)

Civ. No. 86-547-RCB.

666 F.Supp. 1454 (1987)

BERNERT TOWBOAT COMPANY, Plaintiff, v. USS CHANDLER (DDG 996), in rem, and United States of America, in personam, Defendants.

United States District Court, D. Oregon.

June 29, 1987.

Attorney(s) appearing for the Case

David F. Bartz, Jr., Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, Or., for plaintiff.

Charles H. Turner, U.S. Atty., Jack G. Collins, First Asst. U.S. Atty., Chief, Civ. Div., Portland, Or., Philip A. Berns, Atty. in Charge, West Coast Office, Torts Branch, Civ. Div., Warren A. Schneider, Asst. Atty. in Charge, WCO, Torts Branch, Civ. Div., U.S. Dept. of Justice, San Francisco, Cal., for defendants.

BELLONI, District Judge.

The plaintiff, Bernert Towboat Company, brings this suit for damage to its barge, the B-1, caused by the swell of the USS CHANDLER as the two vessels passed in the Columbia River. Plaintiff asserts that the ship traveled too fast up the river and negligently created a dangerous swell. The government contends that the B-1's unseaworthy condition caused the damage. The principal disputed issues at trial were the situs of the collision, the CHANDLER...

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