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McCUNE v. F. ALIOTO FISH CO.

Nos. 77-2111, 77-2061 and 77-1939.

597 F.2d 1244 (1979)

Glen A. McCUNE, Plaintiff-Appellant, v. F. ALIOTO FISH COMPANY, a corporation, Rowe Machine Works, Inc., a corporation, Defendants-Appellees. Glen A. McCUNE, Plaintiff, v. F. ALIOTO FISH COMPANY, a corporation, Defendant & Third Party Plaintiff/Appellant, v. ROWE MACHINE WORKS, INC., a corporation, Third Party Defendant/Appellee. Glen A McCUNE, Plaintiff, v. F. ALIOTO FISH COMPANY, a corporation, Defendant & Third Party Plaintiff/Appellee, v. ROWE MACHINE WORKS, INC., a corporation, Third Party Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

May 30, 1979.

Attorney(s) appearing for the Case

Eric L. Henrikson, Oakland, Cal., for plaintiff-appellant.

John F. Meadows, Frederick W. Wentker, Thomas J. Boyle, San Francisco, Cal., for defendants-appellees.

Before CHOY and ANDERSON, Circuit Judges, and WYATT, District Judge.

CHOY, Circuit Judge:

I. Statement of the Case

On March 29, 1973, McCune filed a complaint in district court alleging that he was injured while working aboard the Mineo Brothers, a fishing vessel owned by F. Alioto Fish Co. (Alioto) and operated out of San Francisco Bay and Eureka, California. McCune's complaint alleged that he was injured due to Alioto's failure to keep the Mineo Brothers in seaworthy condition and because of Alioto...

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