Matson Navigation Co. v. United Engineering Works

Good Law
129 C.C.A. 639·213 F. 293·1914 U.S. App. LEXIS 1880
United States Court of Appeals for the Ninth CircuitMarch 9, 1914No. 2251California6,265 words

Opinion

lead Opinion

Woeverton, J.

This is a libel in admiralty. The United Engineering Works is the libelant and the Matson Navigation Company the respondent. For convenience, the parties will be referred to hereinafter as the United or libelant, and the Matson Com-, pany or respondent.

The Matson Company is the _ owner of the American steamer Hilonian, and the libel charges that, between the months of July and December, 1909, the libelant, at the special instance and request of respondent, furnished certain materials and performed certain labor upon the Hilonian, as set forth in Schedules 1, 2, and 3 annexed to the libel, and that the charges extended in said schedules are just and reasonable. These amount to

For a second cause it is alleged that further materials were furnished and labor done and performed upon said steamer as particularized and set forth in Schedules 4, 5, 6, 7, 8, 9, and 10 annexed to the libel. The demands under these several schedules are as follows:

The answer to the first cause of libel admits that the libelant furnished certain materials and performed certain work upon the Hilonian ; but, as it pertains to the matters and things set forth in Schedule 1, it is alleged that the materials…

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