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CAMPBELL INDUSTRIES v. M/V GEMINI

No. 78-1324.

619 F.2d 24 (1980)

CAMPBELL INDUSTRIES, Plaintiff-Appellee, v. M/V GEMINI, Official No. 534,721, her engines, tackle, etc. in rem: Gemini Enterprises; Marty Zlotoff: Millie Zlotoff; and Does I-XX, in personam, Defendants-Appellants. GEMINI ENTERPRISES, Counterclaimant-Appellant, v. CAMPBELL INDUSTRIES, Counterdefendant-Appellee.

United States Court of Appeals, Ninth Circuit.

April 30, 1980.

Attorney(s) appearing for the Case

John J. Hargrove, San Diego, Cal., argued, David L. Buchbinder, Weeks, Willis, Hoffman & Hargrove, San Diego, Cal., for defendants-appellants.

Jerome E. Eggers, Jenkins & Perry, San Diego, Cal., for plaintiff-appellee.

Before WALLACE and ANDERSON, Circuit Judges, and PALMIERI, District Judge.

WALLACE, Circuit Judge:

Gemini Enterprises, Inc. (Gemini) appeals from the district court's rulings excluding the testimony of an expert witness and excluding certain testimony concerning lost profits. We affirm.

I.

Gemini is the owner of the M/V GEMINI, a 1,500-ton tuna purse seiner, constructed by Campbell Industries (Campbell) in 1971. In the summer of 1972, and again during the summer of 1973, Gemini brought the M/V GEMINI into Campbell's San...

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