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IN RE UNITED MARINE SHIPBUILDING, INC.

Nos. 97-35502, 97-35589.

158 F.3d 997 (1998)

In re UNITED MARINE SHIPBUILDING, INC., Debtor. Michael B. McCARTY, as Trustee for United Marine Shipbuilding, Inc., Plaintiff-Appellee, v. NATIONAL BANK OF ALASKA, N.A., Defendant-Appellant. In re UNITED MARINE SHIPBUILDING, INC., Debtor. Michael B. McCARTY, as Trustee for United Marine Shipbuilding, Inc., Plaintiff-Appellant, v. NATIONAL BANK OF ALASKA, N.A.; Department of Transportation, acting by and through; Maritime Administration, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 26, 1998.

Amended October 20, 1998.

Attorney(s) appearing for the Case

Ronald T. Schaps, Bogle & Gates, Seattle, WA, for defendant-appellant-cross-appellee National Bank of Alaska.

Michael B. McCarty, North Bend, WA, for plaintiff-appellee-cross-appellant.

Beth E. Cook, James J. Faughnan, Civil Division, Department of Justice, Washington, DC, for defendant-appellee United States Department of Transportation.

Before: LAY, GOODWIN and PREGERSON, Circuit Judges.

ORDER

The opinion filed June 26, 1998, slip op. 6633 and appearing at 146 F.3d 739 (9th Cir.1998) is amended as follows:

1. At slip op. 6644-6645; 146 F.3d at 743-744, under section II: delete entire section A. 2. At slip op. 6645; 146 F.3d at 744: delete the heading "B. MARAD's Claim to the Tax Refund". 3. At slip op. 6649; 146 F.3d at 745: delete entire section C.

With these amendments, the...

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