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FLUNKER v. UNITED STATES

No. 74-2590.

528 F.2d 239 (1975)

Donald A. FLUNKER, Plaintiff, v. UNITED STATES of America, Defendant-Appellee, and States Line, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 24, 1975.

Attorney(s) appearing for the Case

M. Bayard Crutcher (argued), of Bogle & Gates, Seattle, Wash., for appellant.

William E. Gwatkin, III (argued), of Admiralty & Shipping Sec., San Francisco, Cal., for appellee.

Before KOELSCH and HUFSTEDLER, Circuit Judges, and SMITH, District Judge.

OPINION

HUFSTEDLER, Circuit Judge:

States Steamship Co. ("States") appeals from a judgment for the United States on States' cross-complaint for indemnity for payments it made to or in respect of its seaman, Flunker, who was injured by the Navy's negligence.

Flunker was a steward aboard the SS "Hawaii," a ship owned and operated by States. On June 27, 1971, the Hawaii was at anchor awaiting pratique at the United States Naval Base at Subic Bay, Philippines...

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