No. 82-4619.

709 F.2d 1326 (1983)

The ESTATE OF Kenneth WENZEL By its Special Administrator Winston MIRIKITANI, Edward Wenzel and Anna M. Steinberg, Plaintiffs-Appellants, v. SEAWARD MARINE SERVICES, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 7, 1983.

Attorney(s) appearing for the Case

John A. Roney, Honolulu, Hawaii, for defendant-appellee.

Christopher P. McKenzie, McKenzie, Trecker & Fritz, Honolulu, Hawaii, for plaintiffs-appellants.

Before BROWNING, PECK, and ALARCON, Circuit Judges.

ALARCON, Circuit Judge:

Wenzel's estate appeals from the district court's order granting summary judgment in favor of Seaward Marine Services, Inc. (Seaward).

Summary judgment is proper if, when viewing the evidence in the light most favorable to the party opposing the motion, the movant is clearly entitled to judgment as a matter of law. Ferguson v. Flying Tiger Line, Inc., 688 F.2d 1320, 1322 (9th Cir.1982). The record...

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