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KYOEI KAIUN KAISHA, LTD. v. M/V BERING TRADER

No. C90-613R.

760 F.Supp. 174 (1991)

KYOEI KAIUN KAISHA, LTD., Kitanippon Marine Company, Ltd., and Dowa Fire and Marine Insurance Company, Plaintiffs, v. M/V BERING TRADER, its engines, tackle, gear, equipment, and appurtenances, in rem, and Bering Trader, Inc., and Kemp Pacific Fisheries, Inc., in personam, Defendants.

United States District Court, W.D. Washington, at Seattle.

March 6, 1991.

Attorney(s) appearing for the Case

Stephen Christopher Smith, Lane Powell Spears & Lubersky, Seattle, Wash., for M/V Bering Trader, Bering Trader, Inc. and Kemp Pacific Fisheries, Inc.

Robert J. Bocko, Bradbury, Bliss & Riordan, Seattle, Wash., for Kyoei Kaiun Kaisha Ltd., Kitanippon Marine Co. Ltd., and Dowa Fire and Marine Ins. Co.

Warren A. Schneider, U.S. Dept. of Justice, Torts Branch, Civ. Div., San Francisco, Cal., for U.S.

ORDER GRANTING DEFENDANTS' MOTION TO DISMISS COMMON LAW CLAIMS

ROTHSTEIN, Chief Judge.

THIS MATTER comes before the court on defendants' motion to dismiss the government's common law claims. Having reviewed the motion, together with all documents filed in support and opposition, and being fully informed, the court finds and rules as follows.

FACTUAL BACKGROUND

On December 10, 1988, near Lost Harbor, Alaska, M/V AOYAGI MARU was moored to...

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