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STACY v. REDERIET OTTO DANIELSEN, A.S.

No. 09-15579.

609 F.3d 1033 (2010)

Brian STACY, Plaintiff-Appellant, v. REDERIET OTTO DANIELSEN, A.S.; K.S. Aries Shipping, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 29, 2010.

Attorney(s) appearing for the Case

John J. Hughes, Law Offices of John J. Hughes, San Francisco, CA, for the plaintiff-appellant.

James J. Tamulski, Emard Danoff Port Tamulski & Paetzold LLP, San Francisco, CA, for the defendants-appellees.

Opinion by Judge NOONAN; Dissent by Judge HALL.

NOONAN, Circuit Judge:

Dense fog off of Point Reyes, California, "the foggiest point on the Pacific coast." K. Goodwin, Point Reyes Visions (2008). A covey of fishing vessels trolling for salmon in the fog. Afternoon, July 13, 2007, M/V Eva Danielsen departs San Francisco loaded with cargo destined for Portland. The Eva Danielsen is 291 feet in length and has a dead weight of 4,286 tons. Among the covey of fishing vessels is the Marja,...

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