Rice Growers Ass'n of California v. Rederiaktiebolaget Frode

Appellee, a Swedish corporation, hereafter called Frode, moves to dismiss the appeal of appellant, hereafter called Growers Co., from an interlocutory decree in admiralty determining the fund to which the damages Frode, owner of the Swedish ship FREJ, may be limited in Frode’s limitation proceeding.

An interim stipulation of the value of the ship and her freight pending had been given in the amount of $290,250. The district court, after a contested hearing, found that the voyage of the FREJ ended at San Francisco and that the fund, including her then value for limitation, was $213,104. A second stipulation for the lower amount was filed. Only Growers Co.' and one other claimant filed claims in response to the monition, and the court enjoined them from litigating their claims in any other tribunal. All other claims were defaulted.

The ground of the motion to dismiss is that, though the amount of the fund is finally determined so far as concerns the district court, such fixing of the amount does not finally determine any right of Growers Co., a claimant for damages to its cargo of rice injured while on the voyage of the FREJ, within the provisions of 28 U.S.C. § 227 . 1 This…