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AGUILERA v. ALASKA JURIS F/V, O.N.569276

No. 07-35148.

535 F.3d 1007 (2008)

Rafael AGUILERA, Plaintiff-Appellant, v. ALASKA JURIS F/V, O.N. 569276, Defendant, and Fishing Company of Alaska, Inc; et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 4, 2008.

Attorney(s) appearing for the Case

John W. Merriam, Seattle, WA, counsel for the appellant.

Michael A. Barcott, Seattle, WA, counsel for the appellees.

Before: RICHARD R. CLIFTON and N. RANDY SMITH, Circuit Judges, and BRIAN E. SANDOVAL, District Judge.

N. RANDY SMITH, Circuit Judge:

We hold that maintenance and cure payments are subject to withholding for child support obligations, so long as those payments constitute income under relevant state law. The district court therefore correctly held that Rafael Aguilera's maintenance and cure payments are subject to withholding pursuant to a Texas child support order. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I.

Aguilera was injured...

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