NORTHWEST MARINE WORKS v. UNITED STATES

No. 17199.

307 F.2d 537 (1962)

NORTHWEST MARINE WORKS et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

August 17, 1962.


Attorney(s) appearing for the Case

Dorr, Cooper & Hays, and John Hays and Georege L. Waddell, San Francisco, Cal., for appellants Northwest Marine Iron Works and Bethlehem Steel Co.

Hall, Henry, Oliver & McReavy, and Stephen McReavy, San Francisco, Cal., for appellants Pacific Gamble Robinson Co., D. R. Girdwood, Grays Harbor-Willapa Harbor Pilots Ass'n and North Pacific Shipping Co., Ltd.

Cecil F. Poole, U. S. Atty., Keith R. Ferguson, Sp. Asst. to the Atty. Gen., John F. Meadows, Atty., Admiralty & Shipping Section, Dept. of Justice, San Francisco, Cal., for appellee.

Before POPE, KOELSCH and DUNIWAY, Circuit Judges.


DUNIWAY, Circuit Judge.

In this case, the United States, by means of stipulations to which appellants were not parties, has kept a ship operating for a long time and at a considerable loss, purportedly under the authority of orders of the court in an action to foreclose a ship mortgage. The result, if the judgment below is permitted to stand, is to freeze out appellants, who held valid maritime liens upon the vessel when the foreclosure libel was filed. It may have...

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