Opinion
No. 21340.
May 17, 1968. Rehearing Denied June 21, 1968.
Appeal from the United States District Court for the Northern District of California; Albert C. Wollenberg, Judge.
Alvin J. Rockwell (argued), John E. Sparks, of Brobeck, Phleger Harrison, Willis R. Deming, San Francisco, Cal., George D. Rives, of Rives Rodgers, Portland, Ore., for appellant.
James L. Adams (argued), Edward M. Kovach, Thomas E. Kimball, Lillick, McHose, Wheat, Adams Charles, San Francisco, Cal., for States Steamship Co.
Allen van Emmerik (argued), Morton Hollander, Attorneys, Department of Justice, Washington, D.C., Carl Eardley, Acting Asst. Atty. Gen., Washington, D.C., Cecil F. Poole, U.S. Atty., San Francisco, Cal., for Secretary of Commerce.
John F. Meadows, Admiralty Shipping Section, Department of Justice, San Francisco, Cal., Joseph D. Patello, San Diego, Cal., for San Diego Unified Port Dist.
Our examination of the record, the opinion of the Secretary, the briefs, the statutes and the applicable authorities leads us to the conclusion that the case was correctly decided by the District Court. Accordingly, and for the reasons stated by Judge Wollenberg in his opinion, Matson Nav. Co. v. Connor, D.C.N.D. Cal., 1966, 258 F. Supp. 144, the judgment appealed from is affirmed.