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BROWN v. AMERICAN MAIL LINE, LTD.

Nos. 78-1053, 79-4165 and 79-4167.

625 F.2d 221 (1980)

Felix F. BROWN, Sr., Plaintiff-Appellee, v. AMERICAN MAIL LINE, LTD., and American President Lines, Corporations, Defendants, and Fireman's Fund Insurance Company, Lien-Claimant-Appellant. Michael W. RYAN, Plaintiff-Appellee, v. EAGLE LINE, INC., MONROVIA, Defendant, and Brady-Hamilton Stevedore Company and Fireman's Fund Insurance Company, Intervenors-Appellants. Harold E. ROGERS, Plaintiff-Appellee, v. ORIENT MARINE ASSOCIATES LTD., MONROVIA, Defendant, Brady-Hamilton Stevedore Company and Fireman's Fund Insurance Company, Intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

April 23, 1980.

Attorney(s) appearing for the Case

John Dudrey, Fredrickson, Weisensee & Cox, Portland, Or., argued, for lien-claimant-appellant; Floyd A. Fredrickson, Fredrickson, Weisensee & Cox, Portland, Or., on brief.

Raymond J. Conboy, argued, Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland, Or., on brief, for plaintiff-appellee.

Before HUG and FARRIS, Circuit Judges, and McNICHOLS, District Judge.

FARRIS, Circuit Judge:

Fireman's Fund appeals a district court order awarding Brown a pro-rata share of attorney's fees incurred by Brown in obtaining a third party settlement from an allegedly negligent vessel owner. The district court, 437 F.Supp. 628, held that because Fireman's Fund would recover from the settlement an amount equal to the benefits it paid Brown under the Longshoremen's and Harbor Workers' Compensation Act...

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