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STATE OF WASH. v. M/V DILKARA

No. C77-22T.

470 F.Supp. 437 (1979)

STATE OF WASHINGTON, Washington State Highway Commission, Department of Highways, Plaintiff, v. M/V DILKARA, her engines, tackle, apparel, furniture, and equipment, Defendant, and Blue Star Line, Ltd., Port Line, Ltd. and Ellerman Lines, Ltd., Claimants.

United States District Court, W. D. Washington.

April 11, 1979.

Attorney(s) appearing for the Case

Slade Gorton, Atty. Gen., and Walter Tabler, Asst. Atty. Gen., State of Washington, Olympia, Wash., for plaintiff.

Thomas F. Paul of Howard, LeGros, Buchanan & Paul, Seattle, Wash., for defendant and claimants.

ORDER STRIKING AFFIRMATIVE DEFENSE AND COUNTERCLAIM

BEEKS, Senior District Judge.

This action involves an allision between the M/V DILKARA and the Blair Bridge owned and operated by the State of Washington. At the time of the allision, J. P. Osnes, a compulsory pilot, licensed by the State, was on board DILKARA to assist in navigation. In answer to the complaint, defendant pleads as an affirmative defense and counterclaim the issue of vicarious liability...

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