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OLSEN v. TODD SHIPYARDS CORP.

No. C75-121A.

435 F.Supp. 568 (1977)

Robert E. OLSEN, Stanley A. Olsen, and Roberta A. Uglem, personal representative of the Estate of Allen D. Uglem, Deceased, Plaintiffs, v. TODD SHIPYARDS CORPORATION, Defendant.

United States District Court, W. D. Washington.

June 29, 1977.

Attorney(s) appearing for the Case

David Danielson, Lane, Powell, Moss & Miller, Seattle, Wash., for plaintiffs.

Theodore A. Le Gros, Howard, Le Gros, Buchanan & Paul, Seattle, Wash., for defendant.

OPINION

BEEKS, Senior District Judge.

The critical issue for determination herein is whether defendant Todd Shipyards Corporation ("Todd") occupied the position of owner pro hac vice with respect to Foss Barge No. 202 ("202") on March 9, 1972 when three of its employees working aboard that barge were asphyxiated, one fatally. If so, plaintiffs can maintain this action notwithstanding the provisions of former 33 U.S.C. § 905,1

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