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NEHUS v. ALASKA MARINE TOWING, INC.

No. C80-187.

519 F.Supp. 328 (1981)

Robert D. NEHUS, Plaintiff, v. ALASKA MARINE TOWING, INC., a Washington Corporation; Pacific Hawaiian Line, Inc., an Oregon Corporation; Marine Challenger, Official No. 569743, and Norton Sound, Official No. 505661, Defendants.

United States District Court, W. D. Washington.

July 1, 1981.

Attorney(s) appearing for the Case

Michael H. Williamson of Madden, Poliak, MacDougall & Williamson, J. Carl Mundt and Jay H. Zulauf of Mundt, MacGregor, Happel, Falconer & Zulauf, Seattle, Wash., for plaintiff.

Patrick E. Pressentin of Detels, Draper & Marinkovich, Seattle, Wash., for defendants.

MEMORANDUM OF DECISION

BEEKS, Senior District Judge.

In this action plaintiff seeks to recover damages to the vessel NIRVANA arising out of a collision occurring in Alaskan waters in July of 1978. The basis of plaintiff's claim is negligence, and much of plaintiff's case rests upon the presumption of fault which exists when a moving vessel strikes a vessel that is moored or otherwise stationary. Defendants have attempted to rebut the presumption by evidence...

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