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AHMED v. AM. S. S. MUT. PROTECTION & INDEM. ASS'N

No. 78-1368.

640 F.2d 993 (1981)

Ali Galeb AHMED et al., Plaintiffs-Appellants, v. AMERICAN STEAMSHIP MUTUAL PROTECTION & INDEMNITY ASSOCIATION et al., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 6, 1981.

Attorney(s) appearing for the Case

Michael G. Briski, Boccardo, Blum, Lull, Niland & Bell, San Jose, Cal., for plaintiffs-appellants.

Louis J. Gusmano, New York City, argued, for defendant-appellee; Jack G. Knebel, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., on brief.

Before HUG, SCHROEDER, and PREGERSON, Circuit Judges.

PREGERSON, Circuit Judge:

Appellants are twenty-six seamen who, after obtaining default judgments against their employer shipping companies for damages for personal injuries, directly sued appellee, the insurance carrier for all the employers. The district court granted summary judgment in favor of the defendant carrier on the ground that New York Insurance Law § 167(4) precludes appellants' direct action suit against the insurer. We affirm in part and remand...

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