United States v. Tug Manzanillo, Her Engines, Tackle and Apparel, and Shaver Transportation Company, Tug Manzanillo, Her Engines, Tackle and Apparel, and Shaver Transporation Company v. United States

310 F.2d 220 UNITED STATES of America, Appellant, v. TUG MANZANILLO, her engines, tackle and apparel, and Shaver Transportation Company, Appellees. TUG MANZANILLO, her engines, tackle and apparel, and Shaver Transporation Company, Appellants, v. UNITED STATES of America, Appellee. No. 17134. United States Court of Appeals Ninth Circuit. Nov. 16, 1962. William H. Orrick, Jr., Asst. Atty. Gen., C. E. Luckey, U.S. Atty., Morton D. Hollander, Alan S. Rosenthal and W. Harold Bigham, Attys., Dept. of Justice, Washington, D.C., Keith Ferguson, San Francisco, Cal., and Sidney I. Lezak, U.S. Atty., Portland, Or., for appellant. Mautz, Souther, Spaulding, Kinsey & Williamson and Kenneth E. Roberts, Portland, Or., for appellee. Before POPE, HAMLEY and KOELSCH, Circuit Judges. POPE, Circuit Judge. 1 The United States brought this action to recover from Shaver Transportation Company, appellee here, payments which the Government had made to its employee, a Capt. Eric A. Peters, for maintenance and cure. These payments were occasioned by an injury received by Peters upon one of appellee's tugs. 2 The United States, owner and operator of SS Harold L. Winslow, entered into a contract with…