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JONES v. BENDER WELDING & MACH. WORKS, INC.

Nos. 76-2684, 76-2114.

581 F.2d 1331 (1978)

Harold R. JONES, Plaintiff-Appellant/Cross-Appellee, v. BENDER WELDING & MACHINE WORKS, INC. and Caterpillar Tractor Co., Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing September 12, 1978.

Attorney(s) appearing for the Case

Andrew C. Gauen (argued), of Merrick, Hofstedt & Lindsey, Seattle, Wash., for plaintiff-appellant/cross-appellee.

Douglas M. Fryer (argued), of Moriarty, Long, Mikkelborg & Broz, Seattle, Wash., for defendants-appellees/cross-appellants.

Before DUNIWAY, CUMMINGS, and SNEED, Circuit Judges.

CUMMINGS, Circuit Judge.

In this admiralty and diversity suit brought under 28 U.S.C. §§ 1332 and 1333, plaintiff, a citizen of Alaska, sued Bender Welding & Machine Works, Inc., an Alabama corporation with its principal place of business in Mobile, and Caterpillar Tractor Company, a Delaware corporation, with its principal place of business in Peoria, Illinois, for damages to plaintiff's fishing vessel MARCY J and other consequential damages. In June...

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