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DEAN v. UNITED STATES

No. 22817.

418 F.2d 1236 (1969)

William C. DEAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 1, 1970.

Attorney(s) appearing for the Case

Milan Moacanin (argued), Hollywood, Cal., for appellant.

Fred B. Belanger (argued), of Schell & Delamer, Los Angeles, Cal., Wm. Matthew Byrne, Jr., U. S. Atty., Clarke A. Knicely, Asst. U. S. Atty., Thomas E. Lohrey, Jr., Atty., Admiralty & Shipping Section, of counsel. Henry F. Walker, Los Angeles, Cal., John F. Meadows, Admiralty & Shipping Section, San Francisco, Cal., for appellee.

Before JERTBERG, BROWNING, and ELY, Circuit Judges.

PER CURIAM:

Dean, plaintiff below and appellant here, was injured while aboard the USS Toluga, a Naval vessel owned by the United States. The injuries resulted from Dean's having slipped on two successive days, first on a pipe and the second time on a ladder, while working as an employee of Todd Shipyards, Inc. (Todd). Although the ship was afloat in navigable waters, it was tied to Todd's dock, undergoing extensive overhaul and reconstruction. Todd was performing...

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