ACR X JUDGEMENT OF TFC SPACING MADE GAR. NON COMPLIANCE WITH ATC INSTRUCTIONS HAD NMAC WITH CPR Y. PLTDEV. EVASIVE ACTION TAKEN.

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ACR X AFTER TURNING ONTO A 1 1/2 MI FINAL I NOTICED A CPR Y HOLDING IN POS ON RWY 24. WHEN WE WERE 1 MI OUT CPR Y WAS CLRED FOR TKOF. HE STARTED HIS ROLL AND WAS TOLD WE WERE ON A 1/2 MI FINAL. AT THIS TIME; HE WAS JUST PASSING THE 500 FT RWY MARKING AND I DETERMINED HE WOULD STILL BE ON THE RWY WHEN WE LANDED. I TOLD THE FO TO GAR. HE STARTED A CLBING R TURN AND SET UP A COURSE PARALLEL TO RWY 24. THIS ALLOWED ME TO KEEP AN EYE ON CPR Y AFTER THE FO STARTED THE CLB I TOLD THE TWR WE WERE GOING AROUND. THE TWR SAID TO SET UP L TFC. OUR INTENTION WAS TO STAY TO THE R OF RWY 24 UNTIL CPR Y EITHER PASSED US OR CLBED ABOVE US. WHEN THE CPR Y WAS ABOUT 300 FT BELOW US; THE TWR TOLD US TO START A L TURN. AT THE SAME TIME; THE CPR Y STARTED A CLBING R TURN TOWARDS US. THE FO COULDN'T SEE CPR Y SO I TOLD HIM TO START A R TURN. HE BANKED 15 DEGS R AND THE TWR TOLD US TO TURN L. I WANTED A FASTER TURN RATE SO I TOOK THE CTLS AND ROLLED TO A 30 DEG BANK. THE TWR AGAIN TOLD US TO TURN L. I INFORMED THEM I WAS TURNING TO AVOID CPR Y. AT THIS TIME; CPR Y CLBED THROUGH OUR ALT AND ONE OF THE PLTS COMMENTED TO THE TWR ABOUT HOW CLOSE WE HAD COME TO EACH OTHER. I NEXT ASKED FOR AND RECEIVED PERMISSION FOR R TFC. I GAVE THE CTLS TO THE FO AND A SAFE LNDG WAS MADE.