DECISION ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
PENCE, Chief Judge.
Robert Holland, deceased husband of the plaintiff, was a professional hardhat diver of over 20 years experience. Some few days before his death he was employed by the defendant, Healy Tibbitts Construction Co. (Tibbitts), as one of the three divers working off Tibbitts' barge floating a short distance offshore from Hilo Harbor.
Tibbitts had a contract to repair the underwater...
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