v0811-581

No. 2262

IN THE

United States Circuit Court of Appeals

For the Ninth Circuit

Mission Transportation and Refining

Company (a corporation), claimant

of the Barkentine "Fullerton," etc.,

Appellant and Cross- Appellee,

vs.

Southern Pacific Company,

(a corporation),

Appellee and Cross- Appellant,

BRIEF FOR CROSS=APPELLANT.

First. Statement of the Case.

This is a case of collision between the barkentine

"Fullerton" and the Southern Pacific car-ferry

''Transit" on December 13, 1909, at about 11:25

The "Fullerton" was lying at anchor in Mission

Bay in a position regarding which there is conflict

of testimony. It is part of the case that she was

anchored in a proper place, but we contend that

her place of anchorage was improper.

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