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ADAMS v. MONTANA POWER COMPANY

No. 73-1871.

528 F.2d 437 (1975)

Bertha K. ADAMS, as Administratrix of the Estate of George F. Adams, Deceased, Plaintiff-Appellant, v. The MONTANA POWER COMPANY, a Montana Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 11, 1975.

Attorney(s) appearing for the Case

Charles A. Smith, Robert T. Cummins, Helena, Mont., for plaintiff-appellant.

Cordell Johnson, Helena, Mont., for defendant-appellee.

Before BROWNING and CHOY, Circuit Judges, and WEIGEL, District Judge.

OPINION

WEIGEL, District Judge:

Appellant seeks review of the district court's order dismissing the action for want of jurisdiction. The question presented is whether admiralty jurisdiction encompasses a tort claim arising from the capsizing of a small pleasure boat on a dam-obstructed body of water no longer traversed by commercial maritime shipping. We affirm the judgment of the district court.

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