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MATHES v. THE CLIPPER FLEET

No. 84-6122.

774 F.2d 980 (1985)

Jack MATHES, Plaintiff-Appellant, v. THE CLIPPER FLEET, etc., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 22, 1985.

Attorney(s) appearing for the Case

Jeffrey B. Harrison, John Elson, Harrison & Elson, Los Angeles, Cal., for plaintiff-appellant.

David McLeod, Lillick, McHose & Charles, Los Angeles, Cal., Wilner, Narwitz, Lewin & Klein, Samuel Wilner, Wendy Berkowitz, Beverly Hills, Cal., for defendants-appellees.

Before SNEED, NELSON, and NORRIS, Circuit Judges.

NORRIS, Circuit Judge:

Appellant Jack Mathes is a seaman who brought this action under the Jones Act, 46 U.S.C. § 688 (1985), and general maritime law to recover damages for personal injury suffered while he was working aboard ship. The jury found in favor of both defendants. On appeal Mathes argues that the district court committed error in refusing to instruct the jury on the the so-called Pennsylvania Rule (The Pennsylvania, 86 U.S. [19 Wall...

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