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  5. 315 F.Supp. 1005 (1970)
 

UNITED STATES v. FISHING VESSELS PAN ALASKA, ETC.

Nos. A-38-69, A-39-69, A-40-69.

315 F.Supp. 1005 (1970)

UNITED STATES of America, Plaintiff, v. FISHING VESSELS PAN ALASKA, ST. JOHN AND JUNIOR, and their appurtenances, in rem, and Johnnie Jack and Maggie Jack, Frank Jack and Elizabeth Jack, Paul F. James, Sr. and Maggie James, in personam, Defendants. John G. WARNER, d/b/a Jack Warner Marine Industries, Intervener and Cross-Plaintiff, v. UNITED STATES of America, Cross-Defendant.

United States District Court, D. Alaska.

July 1, 1970.

Attorney(s) appearing for the Case

Douglas L. Gregg, Gregg, Kohls & Schulz, Juneau, Alaska, for plaintiff Warner.

Douglas B. Baily, U. S. Atty., Anchorage, Alaska, for the United States.

MEMORANDUM

VON DER HEYDT, District Judge.

These causes, consolidated by order dated November 5, 1969, are before the Court on cross motions for summary judgment filed by the United States, plaintiff, and John G. Warner, intervenor. Each claims to own, and thus to be entitled to foreclose, preferred ship mortgages on three vessels, F/V Junior, F/V Pan Alaska, and F/V St. John.

The manner in which this unusual situation arose substantially is undisputed...

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