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NEWBY v. F/V KRISTEN GAIL

Nos. 89-35739, 89-35775.

937 F.2d 1439 (1991)

Richard NEWBY; Whitney Fidalgo Seafoods, Inc., a Marine Corporation, Plaintiffs-Appellees, v. F/V KRISTEN GAIL, Official No. 618791, her engines, tackle gear, equipment and appurtenances, Defendant. and Bruce E. JOYCE; Jane Doe Joyce, Defendants/Third-Party-Defendants/Appellants, v. Steven N. SLOTVIG; Jane Doe Slotvig, Defendants/Third-Party-Defendants/Appellees. Richard NEWBY; Whitney Fidalgo Seafoods, Inc., a Marine Corporation, Plaintiffs-Appellees, v. F/V KRISTEN GAIL, Official No. 618791, her engines, tackle gear, equipment and appurtenances, Defendant, v. Bruce E. JOYCE; Jane Doe Joyce, Defendants/Third-Party-Plaintiffs/Appellees, v. Steven N. SLOTVIG; Jane Doe Slotvig, husband and wife, Defendants/Third-Party-Defendants/Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 2, 1991.

Attorney(s) appearing for the Case

Richard L. Phillips, Mikkelborg, Broz, Wells & Fryer, Seattle, Washington, for defendants-third-party-defendants-appellants-appellees.

Karl F. Oles, Danielson, Harrigan & Tollefson, Seattle, Wash., for plaintiffs-appellees.

Gregory J. Lawless, Mullavey, Prout, Grenley, Foe, Lawless & Dahl, Seattle, Wash., for defendants-third-party-defendants-appellees-appellants.

Before WRIGHT, GOODWIN and NOONAN, Circuit Judges.

GOODWIN, Circuit Judge:

This admiralty case arises out of the July 1, 1985, collision between the steel-hulled fishing vessel F/V KRISTEN GAIL ("KRISTEN GAIL") and the wooden scow CIRUS as they were traveling down the Egegik River in Alaska. Plaintiffs-appellees Richard Newby and Whitney Fidalgo Seafoods (collectively "Newby") brought suit in rem against the KRISTEN GAIL and in personam against the owner of the KRISTEN GAIL, Bruce Joyce, seeking to recover...

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