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TRINIDAD CORP. v. MARU

No. 85-5745.

781 F.2d 1360 (1986)

TRINIDAD CORPORATION, a corporation, Plaintiff/Counterclaim Defendant/Appellee, v. M.T. Keiyoh MARU, in rem, Defendant/Appellant, and SOL GLORIOSA MARITIMA, S.A., a corporation, Defendant/Counterclaimant/Appellant, v. S.S. FORT WORTH, in rem, her engines, tackle, appurtenances, apparel, furnishing and equipment, Third-Party Defendant/Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 31, 1986.

Attorney(s) appearing for the Case

Francis J. McLaughlin, Sidney K. Kanazawa, Lillick, McHose & Charles, Los Angeles, Cal., for plaintiff/counterclaim defendant/appellee.

Bill E. Schroeder, James C. Winton, McCutchen, Black, Verleger & Shea, Los Angeles, Cal., for defendant/appellant.

Before NELSON, REINHARDT and WIGGINS, Circuit Judges.

PER CURIAM:

Appellants first filed a notice of appeal while a timely motion to vacate judgment was pending. This appeal must be dismissed, but we exercise our discretion to direct that a new appeal be docketed based on appellants' later filing of a document mistakenly denominated an "amended" notice of appeal.

Judgment was entered in this case on March 5, 1985. Appellants filed and served a timely motion under Fed.R.Civ.P. 59 to vacate judgment. Their first...

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