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Evanow v. M/V Neptune

163 F.3d 1108 (1998)

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Evanow v. M/V Neptune

United States Court of Appeals for the Ninth Circuit
163 F.3d 1108 (1998)

AR

Facts

Evanow (plaintiff) entered into a salvage contract with the M/V Neptune (defendant) to aid the Neptune when the Neptune and its barge were disabled and facing severe storm conditions. Evanow owned the Frank & Maria, which Evanow sent to help the Neptune. The Frank & Maria dropped anchor and set up a line to keep the Neptune and its barge from hitting each other. The Frank & Maria remained in this mooring arrangement for 59 hours until another tug could get the Neptune and the barge into harbor. Evanow asked for payment, and the Neptune refused, saying that another tug had brought the Neptune and its barge into harbor. Evanow sued, and the court ruled in Evanow’s favor. The Neptune appealed, arguing that Evanow did not successfully complete the contract.

Rule of Law

Issue

Holding and Reasoning (Wallace, J.)

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