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MARR ENTERPRISES, INC. v. LEWIS REFRIGERATION CO.

No. 75-3359.

556 F.2d 951 (1977)

MARR ENTERPRISES, INC., and Ben Paz, Plaintiffs-Appellants, v. LEWIS REFRIGERATION CO., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

June 30, 1977.

Attorney(s) appearing for the Case

Douglas M. Fryer, argued, Moriarty, Long, Mikkelborg & Broz, Seattle, Wash., for plaintiffs-appellants.

Arthur D. McGarry, argued, Bruce T. Rinker, Seattle, Wash., for defendant-appellee.

Before LUMBARD, WRIGHT and ANDERSON, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Marr Enterprises, Inc. ("Marr"), an Oregon family corporation, operated the fishing vessel CARICA along the Oregon coast. In 1971, Marr decided to operate in Alaskan waters off Kodiak. Being unfamiliar with those fishing grounds, it entered into a "lease" of the CARICA on April 3, 1971 with Ben Paz, an Alaska citizen.

On May 6 of that year, Marr contracted with Lewis Refrigeration Co. ("Lewis"), a Washington corporation, for...

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