BAUN v. THE ETHEL G

No. 7072-A.

125 F.Supp. 835 (1954)

William E. BAUN, Libelant, v. The Oil Screw or Vessel Called THE ETHEL G, etc. and Harold C. Hudson, Owner, Libelees, Metlakatla Indian Community, Intervenor.

District Court, Alaska. First Division, Ketchikan.

November 30, 1954.


Attorney(s) appearing for the Case

William L. Paul, Jr., Juneau, Alaska, for libelant.

C. L. Cloudy, of Ziegler, Ziegler & Cloudy, Ketchikan, Alaska, for intervenor.


FOLTA, District Judge.

The questions presented are (1) whether an in personam judgment against the owner of the vessel for maintenance and cure is res judicata in a subsequent suit against the vessel based on the same claim, and (2) whether jurisdiction has been acquired over the res where libelant failed to have a notice of seizure published, and if not, whether the objection is available to the intervenor.

On December 8, 1952, the libelant obtained a decree...

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