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TOUHEY v. CARNIVALE CRUISE LINES

Docket No. 58385.

111 Cal.App.3d 958 (1980)

168 Cal. Rptr. 910

ELITA M. TOUHEY et al., Plaintiffs and Appellants, v. CARNIVALE CRUISE LINES et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Five.

November 10, 1980.

Attorney(s) appearing for the Case

COUNSEL

Laufer & Roberts, David Laufer and Kenneth P. Roberts for Plaintiffs and Appellants.

Lillick, McHose & Charles, Francis J. MacLaughlin and Michael J. Faber for Defendants and Respondents.

OPINION

ASHBY, J.

Elita M. Touhey, individually and as guardian ad litem for Michael Richard Touhey, a minor, David Steven Touhey, Donald Patrick Touhey, and John Kevin Touhey (appellants), filed a wrongful death action against defendants (respondents). The trial court dismissed the wrongful death action on the ground that the federal courts had exclusive jurisdiction under the Death on the High Seas Act. (46 U.S.C. § 761.)<...

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