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PASHBY v. UNIVERSAL DREDGING CORP.

Nos. 77-1442, 77-1522.

608 F.2d 1312 (1979)

Barry James PASHBY, Appellant, v. UNIVERSAL DREDGING CORPORATION, and Anchor Barge No. 10, Official No. 554497, Appellees.

United States Court of Appeals, Ninth Circuit.

December 3, 1979.

Attorney(s) appearing for the Case

Stuart M. Cowan, Cowan & Frey, Honolulu, Hawaii, for appellant.

William L. Fleming, Honolulu, Hawaii, for appellees.

Before TRASK and GOODWIN, Circuit Judges, and LARSON, District Judge.

PER CURIAM:

Appellant Pashby was employed by appellee Universal Dredging Corporation as a deckmate. On October 5, 1973, he was working on Anchor Barge No. 10. Appellant had occasion that morning to reprimand a deckhand, one Rodriguez. Mr. Rodriguez took exception to the rebuke and a brief scuffle ensued. Forty-five minutes later, Mr. Rodriguez approached appellant from the rear without warning and assaulted and battered him with an 18 inch eye bolt, causing head,...

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