Marport, Inc., an Oregon Corporation and California Dredging, a California Corporation v. Stabbert and Associates, Inc., a Washington Corporation

CANBY, Circuit Judge:

Marport concedes that under the terms of the towage agreement, it may recover from Stabbert only by demonstrating that the tug’s unseaworthiness caused Mar-port’s loss. The district court, failing to find any material factual issue as to the seaworthiness of the tug, granted summary judgment for Stabbert. Because we agree with the ruling of the district court, we need not pass upon Stabbert’s opening contention that it is entitled to judgment as a matter of law under The Umbria, 166 U.S. 404, 17 S.Ct. 610, 41 L.Ed. 1053 (1897), and progeny. See, e.g., A & S Transportation…