v0864-427
No. 2388
9'
IN -^HE
United States Circuit Court of Appeals
For the Ninth Circuit
THE SHIPOWNERS AND MERCHANTS'
TUGBOAT COMPANY (a corporation),
owner of the Steam Tugs ' ' DauntlevSS ' ' and
^^ Hercules '^
Appellant,
vs.
HAMMOND LUMBER COMPANY
(a corporation),
Appellee.
REPLY BRIEF
OF HAMMOND LUMBER COMPANY, APPELLEE.
Appellant takes two positions with regard to the
right of the District Court to deprive us of our jury trial
and state tribunal in the case now at issue in Oregon,
both of which we deem patently fallacious.
These are that;
- The fault of the individual vessel determines the
necessity for its surrender, thus denying the plain hold-
ing by this court in the * ' Columbia ' ' case that an instru-
mentality which was immediately engaged in the ven-
archive.org Volume Name: govuscourtsca9briefs0864
Volume: http://archive.org/stream/govuscourtsca9briefs0864
Document Link: http://archive.org/stream/govuscourtsca9briefs0864#page/n426/mode/1up
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