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PEACE v. FIDALGO ISLAND PACKING COMPANY

No. 24369.

419 F.2d 371 (1969)

Rosalie Laura PEACE, Administratrix of the Estate of Thomas Malcolm Peace, deceased, Appellee, v. FIDALGO ISLAND PACKING COMPANY and George Johnson, Appellants.

United States Court of Appeals Ninth Circuit.

December 11, 1969.

Attorney(s) appearing for the Case

Thomas J. McKey (argued for Fidalgo), of Bogle, Gates, Dobrin, Wakefield & Long, Seattle, Wash., Dexter Washburn (argued for Johnson), of Jones, Grey, Kehoe, Bayley, Hooper & Olson, Seattle, Wash., for appellants.

J. Duane Vance (argued), of Vance, Davies, Roberts & Bettis, Seattle, Wash., for appellee.

Before CHAMBERS, CARTER and KILKENNY, Circuit Judges.

JAMES M. CARTER, Circuit Judge:

Rosalie L. Peace, appellee, as the personal representative of the deceased fisherman-seaman, commenced an action in the district court claiming in one count, damages for negligence under the Jones Act, 46 U.S.C. § 688 and for unseaworthiness based on Death On The High Seas Act, 46 U.S.C. § 761, (hereafter DOHSA). Demand for a jury trial was endorsed on the complaint.

The question presented to the district court and...

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