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IN RE ANCHORAGE NAUTICAL TOURS, INC.

BAP No. AK-89-1020 VJR, Bankruptcy Nos. A88-00831 to A88-00833.

102 B.R. 741 (1989)

In re ANCHORAGE NAUTICAL TOURS, INC., Alaska Cook Inlet Adventures, Inc., Anchorage Harbor Masters, Inc., Debtors. KETCHIKAN SHIPYARD, INC., Appellant, v. ANCHORAGE NAUTICAL TOURS, INC., Alaska Cook Inlet Adventures, Inc., Anchorage Harbor Masters, Inc., Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided August 11, 1989.

Attorney(s) appearing for the Case

Douglas W. Harris, Bellevue, Wash., for appellant.

George R. Lyle, Guess & Rudd, Anchorage, Alaska, for appellees.

Before VOLINN, JONES and RUSSELL, Bankruptcy Judges.

VOLINN, Bankruptcy Judge:

Ketchikan Shipyard, Inc. (yard) appeals an order, which authorized a vessel insurer to pay to the debtor in possession (appellee) as shipowner insurance proceeds, arising from prepetition damage to the ship. The order further authorized use by the appellee of part of these proceeds over the objection of appellant yard. The yard contends that, because it repaired the ship pursuant to an assignment of the insurance monies, a constructive trust...

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