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WATTS v. PINCKNEY

Nos. 83-2616, 83-2715.

752 F.2d 406 (1985)

Paul E. WATTS and Lynn Watts, his wife, individually and as husband and wife, Plaintiffs-Appellants, v. Loren G. PINCKNEY, dba Pinckney Construction Company, Defendant-Third Party Plaintiff/Appellee. Paul E. WATTS and Lynn Watts, his wife, individually and as husband and wife, Plaintiffs-Appellants, v. Loren G. PINCKNEY, dba Pinckney Construction Company, Defendant-Third Party Plaintiff/Appellee, v. UNITED STATES of America, Third-Party Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 22, 1985.

Attorney(s) appearing for the Case

John B. Schuyler, Jr., John M. Favour, Favour, De Pasquale, Moore & Schuyler, P.A., Prescott, Ariz., for plaintiffs-appellants.

Robert P. Simbro, Phoenix, Ariz., Paul Gary Sterling, San Francisco, Cal., for defendant-third party plaintiff-appellee.

Before FARRIS, ALARCON, and NORRIS, Circuit Judges.

ALARCON, Circuit Judge:

These are consolidated appeals from two separate judgments entered against Paul E. Watts and Lynn Watts (hereinafter the Watts). We are asked to decide: (1) whether the district court lacked subject matter jurisdiction in an action against the United States under the Suits in Admiralty Act, 46 U.S.C. § 742 and (2) whether the court had the authority to vacate a void judgment and to order restitution pursuant to Fed.R.Civ.P. 60(b)(4). For...

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