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UNITED STATES v. JOYCE

No. 72-2002.

511 F.2d 1127 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Emery H. JOYCE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended February 10, 1975.

Attorney(s) appearing for the Case

Charles E. Watts (argued), Moriarty, Long, Mikkelborg & Broz, Seattle, Wash., for defendant-appellant.

Richard J. McCarthy (argued), Admiralty & Shipping, U. S. Dept. of Justice, San Francisco, Cal., for plaintiff-appellee.

Before HAMLIN, BROWNING and WALLACE, Circuit Judges.

OPINION

WALLACE, Circuit Judge:

Joyce was employed as a pilot by the United States to maneuver its vessel, the S.S. Lindenwood Victory, from Pier 91 to Pier 90 in the Seattle, Washington harbor. During this maneuver, the Thor, one of two tugs assisting in the operation, collided with the Lindenwood Victory, capsized and sank. In a separate lawsuit involving this collision, the Thor and the Lindenwood Victory were both held mutually at fault and, under

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