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LUTTRELL v. UNITED STATES

No. 78-2962.

644 F.2d 1274 (1980)

John LUTTRELL, Plaintiff-Appellant, v. UNITED STATES of America et al., Honorable Griffin Bell, Attorney General of the United States of America, Honorable Juanita Kreps, Secretary, Department of Commerce, Owen Siler, Admiral, Commandant, United States Coast Guard, Honorable Brock Adams, Secretary, Department of Transportation, West of England, London and Interstate Fire and Casualty Company as Correspondent and United States Representatives of West of England, and Freehill, Hogan and Mahar as Adjustors and Agents for Defendants West of England, and Erskine Wood, Jr., as Representative of the Defendant West of England, J. J. Tennant Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 4, 1980.

Attorney(s) appearing for the Case

Adelbert G. Clostermann, Portland, Or., for plaintiff-appellant.

Jack G. Collins, Erskine B. Wood, Wood, Tatum, Mosser, Brooke & Holden, Portland, Or., for defendants-appellees.

Before SKOPIL and ALARCON, Circuit Judges, and REED, District Judge.

EDWARD C. REED, Jr., District Judge.

The essential nature of this case is an independent action to set aside a previous judgment as void. The original judgment entered in 1968 resulted from an action filed by the appellant as a result of injuries sustained by him as a seaman aboard a merchant vessel belonging to the United States. As a result of that judgment there were two unsuccessful previous appeals to this court and two unsuccessful petitions for writ of certiorari...

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