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REDWOOD EMPIRE PROD. CREDIT ASSOC. v. O/S COOS BAY

No. 85-1528.

776 F.2d 876 (1985)

REDWOOD EMPIRE PRODUCTION CREDIT ASSOCIATION, Plaintiff-Appellee, v. O/S COOS BAY, Official Number 222 739, her engine, tackle, appurtenances, etc., in rem, James H. Elkin and Donna M. Elkin, in personam, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 19, 1985.

As Amended on Denial of Rehearing January 21, 1986.

Attorney(s) appearing for the Case

Robert B. Kaplan, Frandzel & Share, San Francisco, Cal., for plaintiff-appellee.

John E. Droeger, Hall, Henry, Oliver & McReavy, San Francisco, Cal., for defendants-appellants.

Before ANDERSON, FARRIS, and NELSON, Circuit Judges.

PER CURIAM:

James H. and Donna M. Elkin, husband and wife, gave a preferred ship's mortgage on their vessel O/S COOS BAY to Redwood Empire Production Credit Association to secure a promissory note of approximately $58,000. No payments were made on the debt resulting in foreclosure under the Ship Mortgage Act. When the Coos Bay was arrested, the parties stipulated that the vessel would be sold at public auction, that the Credit...

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