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NEW v. YACHT RELAXIN

No. 62-463.

212 F.Supp. 703 (1962)

Don NEW dba Basin Shipyard, Libelant, v. The YACHT RELAXIN, No. CF 3125 BD, her engine, tackle, apparel and furniture, and Ralph Williams, Respondents, Security First National Bank, a corporation, Intervener.

United States District Court S. D. California, Central Division.

December 28, 1962.

Attorney(s) appearing for the Case

Higbie & Higbie, Richard A. Higbie, Balboa Island, Cal., for libelant.

M. A. Sturges, Newport Beach, Cal., for respondent.

Lillick, Geary, McHose, Roethke & Myers and Anthony Liebig, Los Angeles, Cal., for intervener.

Riedman & Dalessi, William T. Dalessi, Long Beach, Cal., for William R. Hardcastle.

MATHES, District Judge.

Libelant and the respondent Williams, joined by intervener Security First National Bank, have moved to set aside the sale of the vessel RELAXIN, conducted pursuant to orders of this Court. The grounds advanced in support of the motion are (1) that the bank was not given notice of the proceedings herein, as required by Admiralty Rule No. 125 of this Court, and (2) that the sale price was grossly unfair.

The libel in rem and

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