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DAVIS v. CHAS. KURZ & CO., INC.

Nos. 71-1168 through 71-1171.

483 F.2d 184 (1973)

Hullon DAVIS, Plaintiff-Appellant, v. CHAS. KURZ & CO., INC., and Northwest Marine Iron Works, Defendants-Appellees. NORTHWEST MARINE IRON WORKS, Third Party Plaintiff-Appellee, v. PACIFIC MARINE SERVICE, Third Party Defendant-Appellee (two cases). Hullon DAVIS, Plaintiff-Appellee, v. CHAS. KURZ & CO., INC., et al., Defendants-Appellees (two cases). NORTHWEST MARINE IRON WORKS, Third Party Plaintiff-Appellant, v. PACIFIC MARINE SERVICE, Third Party Defendant-Appellee. Hullon DAVIS, Plaintiff-Appellee, v. CHAS. KURZ & CO., INC., et al., Defendant-Appellant. NORTHWEST MARINE IRON WORKS, Third Party Plaintiff-Appellee, v. PACIFIC MARINE SERVICE, Third Party Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 20, 1973.

Attorney(s) appearing for the Case

Edwin A. York (argued), Charles Paulson, Portland, Ore., for plaintiff-appellant.

Jack L. Kennedy (argued), Portland, Ore., John G. Holden (argued), of Wood, Wood, Tatum, Mosser & Brooke, Portland, Ore., Jerald S. Weigler (argued), of Lindsay, Nahstoll, Hart, Duncan, Dafoe & Krause, Portland, Ore., Richard L. Lang, of McMenamin, Jones, Joseph & Lang, Portland, Ore., Dennis W. Skarstad, Portland, Ore., for defendants-appellees.

Before BARNES and DUNIWAY, Circuit Judges, and BATTIN, District Judge.

DUNIWAY, Circuit Judge:

On March 30, 1968, appellant Davis was injured as he entered a hatch on board the vessel Julesburg. The vessel was at the time in the Portland, Oregon, Swan Island Ship Repair Facility undergoing substantial repairs, and was not in navigation. The owner of the vessel, Charles Kurz & Co. (Kurz) had contracted the repair work to Northwest Marine Iron Works (Northwest) which had in turn subcontracted the job of sandblasting the forepeak tank...

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