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O'BRIEN v. KELLY

No. F80-021 Civ.

597 F.Supp. 17 (1984)

Thomas O'BRIEN and Gene Hardy, Plaintiffs, v. Nick KELLY, in personam; and the FISHING VESSEL TUXEDNI, her engines, hull, tackle, and apparel, in rem, Defendants. Laird B. PETERSON, Trustee of that certain Bankruptcy entitled In re Nick Melvin Kelly and Sharon Gayle Kelly, husband and wife, Debtor, Case No. 82-02298, in the United States Bankruptcy Court for the Western District of Washington, at Seattle, as Successor-In-Interest to Nick Melvin Kelly, Plaintiff, v. William H. OPEL, in his capacity as United States Marshal, and The United States Marshal Service, Defendants.

United States District Court, D. Alaska.

May 16, 1984.

Attorney(s) appearing for the Case

Daniel E. Winfree, Perkins, Coie, Stone, Olsen & Williams, Anchorage, Alaska, H. Bixler Whiting, Fairbanks, Alaska, for plaintiffs.

Michael Spaan, U.S. Atty., Anchorage, Alaska, Mark C. Choate, Fairbanks, Alaska, Kurt LeDoux, LeDoux & LeDoux, Kodiak, Alaska, for defendants.

MEMORANDUM AND ORDER

VON DER HEYDT, District Judge.

THIS CAUSE comes before the court on the government's motion to dismiss Peterson's complaint. Originally, this cause, F80-021, was an action by plaintiffs O'Brien and Hardy against Kelly. In that original action judgment was entered against Kelly. Pursuant to that judgment O'Brien and Hardy had the U.S. Marshal levy and sell a certain lot belonging to Kelly. O'Brien and Hardy submitted the high bid at the...

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