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UNITED STATES v. DAIEI MARU NO. 2

No. A82-165 CIV.

562 F.Supp. 34 (1982)

UNITED STATES of America, Plaintiff, v. DAIEI MARU NO. 2 with her fishing gear, furniture, appurtenances, stores, fish, and cargo, in rem, and Daiei Fishing Co., Ltd., in personam, Defendants.

United States District Court, D. Alaska.

August 11, 1982.

Attorney(s) appearing for the Case

Michael Spaan, U.S. Atty., Anchorage, Alaska, for plaintiff.

Richard J. Riordan, Jr., Bradbury, Bliss & Riordan, Inc., Anchorage, Alaska, for defendants.

MEMORANDUM AND ORDER

VON DER HEYDT, Chief Judge.

This cause comes before the court on defendant Daiei Fishing Co., Ltd.'s motion to dismiss plaintiff's 10th claim for relief for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). Jurisdiction exists pursuant to 16 U.S.C. §§ 1860(b), 1861(d) and 28 U.S.C. §§ 1333, 1345 and 1355.

I. FACTS

Coast Guard personnel boarded the DAIEI MARU NO. 2...

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