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HARPER v. U.S. SEAFOODS LP

No. 01-35264.

278 F.3d 971 (2002)

Joe HARPER, and the class of similarly situated persons; Alex Morrow, and the class of similarly situated persons; Jason McBride, and the class of similarly situated persons, Plaintiffs-Appellees, v. UNITED STATES SEAFOODS LP; Seafreeze Alaska F/V, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed January 29, 2002.

Attorney(s) appearing for the Case

Anthony J. Gaspich (argued), Gaspich & Williams, P.L.L.C., Seattle, WA, for defendant-appellant United States Seafoods, L.P.

George H. Luhrs, (argued), Seattle, WA, for plaintiffs-appellees Joe Harper and the class of similarly situated persons, et al.

Jay H. Zulauf (argued), and Christopher S. McNulty, Mundt MacGregor, L.L.P., Seattle, WA, for defendant-intervenor F/T Seafreeze Alaska, and amicus curiae At-sea Processors Association.

Before: O'SCANNLAIN, GRABER, and McKEOWN, Circuit Judges.

OPINION

McKEOWN, Circuit Judge.

This case calls for us to decide whether an admiralty statute that requires the master of a fishing vessel to "make an ... agreement in writing" with each crew-member before a voyage also requires the master's signature on the agreement. 46 U.S.C. § 10601. Although the predecessor statute dates from the late 1770s, surprisingly, this is a question of first impression in the Ninth Circuit. The district court granted partial...

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