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ALL ALASKAN SEAFOODS, INC. v. M/V SEA PRODUCER

No. 88-3585.

882 F.2d 425 (1989)

ALL ALASKAN SEAFOODS, INC., Plaintiff-Appellant, v. M/V SEA PRODUCER, her engines, tackle, apparel, furniture, and equipment, In Rem; and Express Marine Transportation Company, In Personam; Defendants. M/V SEA PRODUCER, O.N. 284437, her engines, tackle, apparel, furniture and equipment, In Rem, Defendant-Intervenor, v. PEOPLES NATIONAL BANK OF WASHINGTON, Plaintiff-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 14, 1989.

Attorney(s) appearing for the Case

Steven V. Gibbons, Lane, Powell, Moss & Miller, Seattle, Wash., for plaintiff-appellant.

Dwight L. Guy, Seattle, Wash., for plaintiff-intervenor-appellee.

Before ALARCON, FERGUSON and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

All Alaskan Seafoods Inc. ("All Alaskan"), a shipper and the plaintiff in this admiralty case, appeals the district court's partial summary judgment. The district court held that All Alaskan's maritime lien on a vessel was subordinate to a mortgagee's ship's mortgage. The district court determined that under the Ship Mortgage Act, All Alaskan's claim for cargo damage could only arise under contract law, not under tort law; therefore...

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