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SIMPSON v. KNUTSEN

Nos. 24299, 24301.

444 F.2d 523 (1971)

Mattie Lee SIMPSON and Howard Simpson, Plaintiffs-Appellants, v. Knut KNUTSEN, O.A.S., Defendant-Appellee. Mattie Lee SIMPSON and Howard Simpson, Plaintiffs-Appellees, v. Knut KNUTSEN, O.A.S., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

June 23, 1971.

Attorney(s) appearing for the Case

Van H. Pinney (argued), Dorsey Redland, of Redland, Elder & Pinney, San Francisco, Cal., for Mattie Lee Simpson and Howard Simpson.

E. Judge Elderkin (argued), Thomas A. Welch, of Brobeck, Phleger & Harrison, San Francisco, Cal., for Knut Knutsen, O. A. S.

Before BROWNING, HUFSTEDLER and CHOY, Circuit Judges.

PER CURIAM:

Appellants, the widow and son of a longshoreman, brought this wrongful death action on the bases of diversity of citizenship, the California Wrongful Death Act (California Code of Civil Procedure Sec. 377), and the general maritime law of the United States. The District Court, jury-waived, found that the vessel moored in San Francisco Bay on which the longshoreman was working when he met accidental death, was unseaworthy; that the unseaworthiness was a...

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