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SMITH v. AMERICAN MAIL LINE, LTD.

No. 73-2943.

525 F.2d 1148 (1975)

Elma SMITH, Individually and as Administratrix of the Estate of George E. Smith, Deceased, Plaintiff-Appellant, v. AMERICAN MAIL LINE, LTD., a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

November 20, 1975.

Attorney(s) appearing for the Case

Harold F. Vhugen (argued), Levinson, Friedman, Vhugen, Duggan & Bland, Seattle, Wash., for plaintiff-appellant.

Robert V. Holland (argued), Bogle, Gates, Dobrin, Wakefield & Long, Seattle, Wash., for defendant-appellee.

Before MERRILL, KOELSCH and BROWNING, Circuit Judges.

OPINION

MERRILL, Circuit Judge:

On the S.S. American Mail, a freighter carrying twelve passengers with a crew of forty-four, in mid-ocean, a steward was found dead one morning. He had been brutally murdered while apparently listening, through earphones, to his tape recorder. Cause of death was a blow from a fire axe which almost decapitated him. No criminal charges ever were filed. No arrest ever was made. This action for wrongful death was brought by the...

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