United Continental Tuna Corporation v. United States
Opinion
Opinion
Anderson, J.
FACTS
In 1968 eight individual American citizens joined together to form a Philippine corporation, UNITED CONTINENTAL TUNA CORPORATION (Tuna), for the purpose of operating fishing vessels in Philippine waters. Tuna then purchased and refitted a fishing vessel, the M. V. Orient, to accomplish its purposes. On December 11, 1969, the M. V. Orient sailed from San Pedro, California, enroute to the Philippines. After proceeding only 70 miles, the Orient was overtaken and hailed by a United States destroyer, the U.S.S. Parsons. The Parsons pulled alongside the Orient and veered into the Orient, striking the Orient below its water line. The Orient sank within minutes and could not be salvaged.
HISTORY OF THE LITIGATION
On January 14, 1970, Tuna Corporation filed the instant action (72-1189) against the United States, alleging causes of action under the Suits in Admiralty Act, 46 U.S.C. §§ 741-752 , and the Public Vessels Act, 46 U.S.C. §§ 781-790 . On May 25,1971, Tuna filed a motion to substitute as plaintiffs the eight shareholders of Tuna and for leave to file an amended complaint. On June 1, 1971, the government moved for summary judgment against Tuna.