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HERMAN FAMILY REVOCABLE TRUST v. TEDDY BEAR

Nos. 99-56865, 99-56981.

254 F.3d 802 (2001)

HERMAN FAMILY REVOCABLE TRUST, Plaintiff-counter-defendant, and Howard W. Littell, Plaintiff-counter-defendant-Appellant, v. TEDDY BEAR, The Vessel Teddy Bear, official no. 569,147, her engines, tackle, furniture, machinery, equipment and appurtenances, etc., in rem; Marlineer International, Inc., a corporation, in personam; Ted Tate, in personam, Defendants-counter-claimants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 13, 2001.

Attorney(s) appearing for the Case

Ronald P. Kaplan, Los Angeles, California, for the plaintiffs-appellants.

Jack H. Swift, Chula Vista, California, for the defendants-appellees.

Before: FRANK J. MAGILL, M. MARGARET McKEOWN and RAYMOND C. FISHER, Circuit Judges.

Argued and Submitted May 8, 2001 — Pasadena, California.

McKEOWN, Circuit Judge:

This case illustrates the pitfall of proceeding through trial where the district court lacks subject matter jurisdiction. The case centers on the aborted sale of the vessel Teddy Bear, a 62-foot power boat. Howard Littell, on behalf of a private family trust, engaged in negotiations to buy the yacht from its owner, broker Marlineer International, Inc., but the deal ultimately...

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