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OLYMPIA SAUNA COMPANIA NAVIERA, S.A. v. U.S.

Civ. No. 80-699 LE.

670 F.Supp. 1498 (1987)

OLYMPIA SAUNA COMPANIA NAVIERA, S.A., as Owner of the M/V YPATIA HALCOUSSI, Plaintiff, v. UNITED STATES of America, Defendant and Third-Party Plaintiff, v. Kenneth FLETCHER, in personam and the M/V YPATIA HALCOUSSI, Her Engines, Tackle, Appurtenances, etc., In Rem; Third-Party Defendants.

United States District Court, D. Oregon.

April 14, 1987.

Attorney(s) appearing for the Case

Paul N. Wonacott, Robert I. Sanders, Wood Tatum Mosser Brooke & Holden, Portland, Or., for plaintiff.

Paul Gary Sterling, Asst. Atty. in Charge, WCO, U.S. Dept. of Justice, Torts Branch, Civil Div., San Francisco, Cal., for defendant and third-party plaintiff.

John J. Devine, Poles, Tublin, Patestides & Stratakis, New York City, for third-party defendants.

LEAVY, Circuit Judge, Sitting by Designation:

I. Introduction

The plaintiff, Olympia Sauna Compania Naviera, S.A. (Olympia Sauna), as owner of the M/V Ypatia Halcoussi, brought this action against the United States. Olympia Sauna claimed the United States Coast Guard negligently mispositioned Buoy No. 4 marking Warrior Rock Reef in the Columbia River, causing the Ypatia Halcoussi to run aground on the reef.

On September 11, 1984, following...

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