PAN-ALASKA, ETC. v. MARINE CONST. & DESIGN CO.

No. 75-3723.

565 F.2d 1129 (1977)

PAN-ALASKA FISHERIES, INC., a corporation, and IDS Leasing Corporation, Plaintiffs-Appellants, Pan-Alaska Fisheries, Inc., Plaintiff-Appellee, v. MARINE CONSTRUCTION & DESIGN CO., a corporation, Northern Commercial Company, a Delaware Corporation, d/b/a N. C. Marine, and Caterpillar Tractor Company, a corporation, Defendants-Appellees. NORTHERN COMMERCIAL COMPANY, a Delaware Corporation, d/b/a N. C. Marine, Third-Party Plaintiff-Appellee, v. FRAM CORPORATION, a Foreign Corporation doing business in the State of Washington, Third-Party Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied January 18, 1978.


Attorney(s) appearing for the Case

Gordon W. Moss (argued), of Lane, Powell, Moss & Miller, Seattle, Wash., for Pan-Alaska Fisheries, Inc.

William R. Hickman (argued), Seattle, Wash., for N. C. Marine.

Before KILKENNY and ANDERSON, Circuit Judges, and CRAIG, District Judge.


J. BLAINE ANDERSON, Circuit Judge:

At noon on Christmas Day, 1969, the 76-foot crab fishing vessel Enterprise sailed from Seattle, Washington, bound for Unalaska, Alaska, on its maiden voyage following a major rebuilding of the vessel, which included the installation of a new Caterpillar D-343 marine diesel engine. Approximately thirteen hours later when the vessel was abeam of Nanaimo, British Columbia, in the Strait of Georgia, a fuel oil fire broke out in the engine...

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