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PORT OF STOCKTON v. WESTERN BULK CARRIER KS

No. 02-16221.

371 F.3d 1119 (2004)

The PORT OF STOCKTON, Plaintiff-Appellant, v. WESTERN BULK CARRIER KS; Western Bulk Carriers (Seattle) Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 15, 2004.

Attorney(s) appearing for the Case

George J. Koelzer (argued) and James P. Koelzer, Los Angeles, CA, for the appellant.

Mitchell S. Griffin (argued) and Gregory W. Poulos, San Francisco, CA, for the appellee.

Before SCHROEDER, Chief Judge, O'SCANNLAIN, and TASHIMA, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We must decide whether a party who failed properly to seek attorneys' fees in one action may bring a separate claim for them in another.

I

On January 27, 1997, the M/V AKTEA, a ship chartered by Western Bulk Carriers ("WBC") to carry sulfur, ran aground on a shoal in a deep water ship channel shortly after weighing anchor from the Port of Stockton ("the Port"). Once freed from...

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