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UNITED STATES v. NEVES

No. 76-2423.

580 F.2d 985 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. Manuel NEVES, Master of the fishing vessel CONSTITUTION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

August 22, 1978.

Attorney(s) appearing for the Case

John F. Cordes, Atty. (argued), Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Samuel Carpenter (argued), of Driscoll, Harmsen & Carpenter, San Diego, Cal., for defendant-appellee.

Before GOODWIN, WALLACE and HUG, Circuit Judges.

HUG, Circuit Judge:

The United States appeals from a judgment dismissing its claim for $100, the amount of a penalty imposed upon the appellee, Neves, in 1972 by the United States Coast Guard. We reverse.

This is a shipping case involving construction and correlation of two statutes. The facts are stipulated and the case was decided upon cross motions for summary judgment.

Appellee Neves was the managing owner of the CONSTITUTION, a motor-propelled...

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