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MORRELL v. UNITED STATES

No. 17321.

297 F.2d 662 (1961)

William MORRELL and Evaristo Valle, Appellants, v. UNITED STATES of America, Appellee, and Triple "A" Machine Shop, Inc., Appellee-Impleaded.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 29, 1962.

Attorney(s) appearing for the Case

Jay A. Darwin and Irwin Leff, San Francisco, Cal., for appellant.

Wm. H. Orrick, Jr., Asst. Atty. Gen., and Cecil F. Poole, U. S. Atty., San Francisco, Cal., Keith R. Ferguson, Sp. Asst. to the Atty. Gen., and R. H. Nicholson, Sp. Atty., Admiralty and Shipping Section, Dept. of Justice, San Francisco, Cal., for appellee United States.

Before BARNES, HAMLIN and JERTBERG, Circuit Judges.

PER CURIAM.

The court below (Morrell v. United States, N.D.Cal.1960, 193 F.Supp. 705), following Lawlor v. Socony-Vacuum Oil Co., 2 Cir., 1960, 275 F.2d 599, cert. denied 363 U.S. 844, 80 S.Ct. 1614, 4 L. Ed.2d 1728, and other cases cited in its opinion, ruled that libellants, as shoreside repairmen, were entitled to a warranty of seaworthiness. We need not, and do not, reach that point. This...

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