Opinion
No. 10817.
May 21, 1945.
Appeal from the District Court of the United States for the Northern District of California, Southern Division.
Farnham P. Griffiths, Charles E. Finney, and McCutchen, Thomas, Matthew, Griffiths Greene, all of San Francisco, Cal., and Bigham, Englar, Jones Houston, of New York City, for appellants.
Frank J. Hennessy, U.S. Atty., and Esther B. Phillips, Asst. U.S. Atty., both of San Francisco, Cal., and Arnold Knauth, Atty., Department of Justice, of Washington, D.C., for appellee.
Before DENMAN, HEALY, and BONE, Circuit Judges.
This case was heard below and the decree there entered upon the same evidence as in O.F. Nelson Co., Ltd., et al. v. United States of America, No. 10816, 9 Cir., 149 F.2d 692.
For the reasons stated in our opinion in No. 10816 the decree is reversed and an interlocutory decree ordered entered for the above named appellants, libelants below, awarding them damages for the loss of cargo, to be followed by a determination of the amount of their damages.
HEALY, Circuit Judge, dissents.