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HENDRICKS v. TUG GORDON GILL

No. A87-313 CIV.

737 F.Supp. 1099 (1989)

Ole HENDRICKS, Larry Hendricks, and Robert Resoff, partners and owners of the F/V SEA STAR, individually, and as representatives for the crew of the F/V SEA STAR, consisting of Larry Hendricks, Kenneth Hendricks, Joe McIntosh, Kerry Noble, Tod Drake, Bill Boles, Tom Payne, and Dwight Nelson, Plaintiffs, v. The TUG GORDON GILL, its tackle, engines, apparel, etc., in rem; and Arctic Offshore, Ltd., a Canadian corporation, in personam, Defendants.

United States District Court, D. Alaska.

January 12, 1989.

Attorney(s) appearing for the Case

Richard J. Smith and William Wuestenfeld, Camarot, Sandberg & Smith, Anchorage, Alaska, Douglas M. Fryer and Jeffrey L. Jernegan, Mikkelborg, Broz, Wells, Fryer & Yates, Seattle, Wash., for plaintiffs.

Dale W. House, Lane, Powell & Barker, Anchorage, Alaska, Richard A. Nielsen, Jr., Lane, Powell, Moss & Miller, Seattle, Wash., for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

KLEINFELD, District Judge.

Trial of this case was to the court. After trial, the parties submitted briefs and reply briefs. Based upon the evidence at trial, I find the following:

(1) The named plaintiffs owned and manned the fishing vessel Sea Star. The defendant and claimant Arctic Offshore, Ltd. is a Canadian corporation, which owns and owned the Tug Gordon Gill.

(2) At around 2:00 in the morning...

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