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WESTERN TOWBOAT CO. v. VIGOR MARINE, LLC

Nos. 22-35195, 22-35217.

85 F.4th 919 (2023)

WESTERN TOWBOAT COMPANY, Plaintiff-Appellant/Cross-Appellee, v. VIGOR MARINE, LLC, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 31, 2023.

Attorney(s) appearing for the Case

J. Stephen Simms (argued), Simms Showers LLP, Baltimore, Maryland; Anthony J. Gaspich , Gaspich Law Office PLLC, Bainbridge Island, Washington; for Plaintiff-Appellant.

Molly J. Henry (argued), Schwabe Williamson & Wyatt PC, Seattle, Washington; David R. Boyajian , Noah Jarrett , and Adam P. Murray , Schwabe Williamson & Wyatt PC, Portland, Oregon; for Defendant-Appellee.

Before: William A. Fletcher, Richard A. Paez, and Lawrence VanDyke, Circuit Judges.

OPINION

Vigor Marine, LLC ("Vigor") hired Western Towboat Co. ("Western") to tow a drydock from Seattle, Washington, to Ensenada, Mexico, where it was to be broken down for scrap. While off the coast of California, the drydock was damaged in a storm. In an attempt...

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