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WESTERN PIONEER, INC. v. UNITED STATES

No. 82-3437.

709 F.2d 1331 (1983)

WESTERN PIONEER, INC., Marlin Fisheries, Inc., and Dolphin Fisheries, Inc., in personam, and M/V MARLIN, her engines, tackle, etc., and M/V DOLPHIN, her engines, tackle, etc., in rem, Defendants-Appellants/Cross-Appellees, v. UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 8, 1983.

Attorney(s) appearing for the Case

Warren A. Schneider, Dept. of Justice, Washington, D.C., for plaintiff-appellee/cross-appellant.

John H. Bradbury, Bradbury, Bliss & Riordan, Anchorage, Alaska, for defendants-appellants/cross-appellees.

Before WALLACE, ANDERSON, and SCHROEDER, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

In this action we are called upon to interpret certain United States shipping laws. Three of Western Pioneer's vessels were cited or threatened with citation for violations of 46 U.S.C. §§ 367, 404, 672, and 673, dealing with inspection of vessels and qualification of crew members.1 Western Pioneer's defense was based on exemptions from those statutes for "cannery tender" and "fishing tender...

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