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UNITED STATES v. APPROXIMATELY 633.79 T. YELLOW. TUNA

Civ. No. 74-154-GT.

383 F.Supp. 659 (1974)

UNITED STATES of America, Plaintiff, v. APPROXIMATELY 633.79 TONS OF YELLOWFIN TUNA, Defendant, R. A. Watt, Defendant and Claimant.

United States District Court, S. D. California.

October 15, 1974.

Attorney(s) appearing for the Case

Harry D. Steward, U. S. Atty., John R. Neece, Asst. U. S. Atty., San Diego, Cal., and William E. Gwatkin, III, Atty. in charge, Admiralty and Shipping Section, Allan J. Weiss, Admiralty and Shipping Section, San Francisco., Cal., for plaintiff.

Cox, Castle, Nicholson & Weekes by Lawrence Teplin, Los Angeles, Cal., for defendant.

MEMORANDUM OPINION AND ORDER DENYING DEFENDANT'S MOTION TO DISMISS

GORDON THOMPSON, Jr., District Judge.

This matter is before the court on defendant and claimant R. A. Watt's motion to dismiss filed pursuant to the Federal Rules of Civil Procedure 12(b). The underlying action is founded upon the alleged taking of yellowfin tuna in a manner in violation of the Tuna Conventions Act of 1950, as amended, 16 U.S.C. §§ 951-961 (1974), and the regulations...

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