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NAUTILUS MARINE, INC. v. NIEMELA

No. 97-35516.

170 F.3d 1195 (1999)

NAUTILUS MARINE, INC., Plaintiff-Appellant, v. James NIEMELA; John O'Hara; Ocean Beauty Seafoods, Inc., a Washington corporation, in personam; M/V NORQUEST, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 19, 1999.

Attorney(s) appearing for the Case

Jerret E. Sale, Bullivant, Houser, Bailey, Pendergrass & Hoffman, Seattle, Washington, for plaintiff-appellant.

James W. Talbot, Bauer, Moynihan & Johnson, Seattle, Washington, for defendants-appellees.

Before: CANBY and TASHIMA, Circuit Judges, and TAKASUGI, District Judge.

CANBY, Circuit Judge:

In this admiralty appeal, we must decide whether the rule of Robins Dry Dock & Repair Co. v. Flint, 275 U.S. 303, 48 S.Ct. 134, 72 L.Ed. 290 (1927), applies to an allegedly intentional or reckless tort to the property of a third person, which causes loss to the plaintiff only because of a contractual relationship, unknown to the tortfeasor, that the plaintiff...

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