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PETER PAN SEAFOODS, INC. v. M/V POLAR VIKING

No. C76-810B.

446 F.Supp. 1283 (1977)

PETER PAN SEAFOODS, INC., a Washington Corporation, Plaintiff, and Lake Union Drydock Company and Duwamish Shipyard, Inc., Plaintiff-Intervenors, v. M/V POLAR VIKING, her engines, boilers, machinery, tackle, apparel, furniture and appurtenances, Defendant, Red Circle Transport, Claimant.

United States District Court, W. D. Washington.

December 20, 1977.

Attorney(s) appearing for the Case

William J. Glueck, of Riddell, Williams, Ivie, Bullitt & Walkinshaw, Seattle, Wash., for Peter Pan Seafoods, Inc., a Washington corporation, plaintiff.

Douglas M. Fryer, of Moriarty, Long, Mikkelborg & Broz, Seattle, Wash., for Lake Union Drydock Co. and Duwamish Shipyard, Inc., plaintiff-intervenors.

James H. Bauer of Detels, Droper & Marinkovich, Seattle, Wash., for Red Circle Transport, claimant.

ORDER DENYING MOTION TO DISMISS

BEEKS, Senior District Judge.

Red Circle Transport, as claimant of the POLAR VIKING, moves to dismiss this action for lack of subject matter jurisdiction. It contends that because Northland Marine Lines (NML) filed a petition for a Chapter XI arrangement before this action was filed, the jurisdiction of the bankruptcy court became exclusive with respect to any and all disputes involving the POLAR VIKING. Thus, according to...

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