MATTER OF McLINN

No. 82-3644.

739 F.2d 1395 (1984)

In The Matter of the Complaint of William McLINN, as Owner of the F/V FJORD, etc. In the Matter of the Complaint of Gilbert Jack JOHNSON and Jack Stewart Johnson, as owners of the F/V SUPERSONIC, etc. Frank CHURCHILL, as the Informal Administrator of the Estate of Patrick Churchill, and Dale Carlough, Plaintiffs-Appellants, v. The F/V FJORD etc., et al., Defendants, and The F/V SUPERSONIC, her engines, tackle, apparel, appliances, equipment, apparatus and furniture; Gilbert Johnson, part owner and/or operator of said F/V SUPERSONIC; Jack Johnson, part owner of said F/V SUPERSONIC, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 7, 1984.


Attorney(s) appearing for the Case

Gerald W. Markham, Kodiak, Alaska, for plaintiffs-appellants.

Kenneth F. Brittain, James M. Powell, Hughes, Thorsnes, Gantz & Powell, Anchorage, Alaska, for defendants-appellees.

Before BROWNING, Chief Judge, WALLACE, J. BLAINE ANDERSON, HUG, TANG, SCHROEDER, FLETCHER, PREGERSON, FERGUSON, NELSON, and REINHARDT, Circuit Judges.


Argued and Submitted En Banc February 15, 1984.

HUG, Circuit Judge:

This is an admiralty case in which a key issue is an interpretation of state law. We took this case en banc, at the request of the three-judge panel that initially heard this case, to decide whether we should accord special deference to a district judge's interpretation of state law or whether we should review such determinations under the independent de novo standard that we apply to a district...

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