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HIGA v. TRANSOCEAN AIRLINES

No. 14592.

230 F.2d 780 (1955)

Wallace HIGA, Administrator of the Estate of Takeichi Higa, Deceased, Appellant, v. TRANSOCEAN AIRLINES, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 25, 1956.

Attorney(s) appearing for the Case

Shiro Kashiwa, Genro Kashiwa, Honolulu, Hawaii, for appellant.

Jesse H. Steinhart, John J. Goldberg, Neil E. Falconer, San Francisco, Cal., Pratt, Tavares & Cassity, Honolulu, Hawaii, for appellee.

Before DENMAN, Chief Judge, BONE, Circuit Judge, and BYRNE, District Judge.

DENMAN, Chief Judge.

This is an appeal from a decision of the United States District Court for the District of Hawaii in a diversity suit which dismissed appellant's complaint for damages under the Death on the High Seas Act, 46 U.S.C.A. § 761, to be determined by a common law jury since it was brought as a common law civil suit rather than in admiralty. Jurisdiction was based on diversity of citizenship, the deceased Higa and his administrator in a Hawaiian...

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