COOK v. EXXON SHIPPING CO.

No. 84-3995.

773 F.2d 1001 (1985)

Olga L. COOK, Personal Representative of the Estate of Robert C. Cook, deceased, Plaintiff-Appellant, v. EXXON SHIPPING COMPANY, a Delaware corporation, and Humble Oil & Refining Corporation, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 3, 1985.

Amended October 10, 1985.


Attorney(s) appearing for the Case

Raymond J. Conboy, Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland, Or., for plaintiff-appellant.

Mildred J. Carmack, Guy C. Stephenson, Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, Or., for defendants-appellees.

Before KENNEDY and NORRIS, Circuit Judges, and LYNCH, District Judge.


ORDER

We grant in part appellees' petition for rehearing. The previous opinion of this court, reported at 762 F.2d 750 (9th Cir.1985), is hereby amended as follows:

On page 752, column 1, delete the period at the end of the sentence beginning "Specifically, appellant contends ..." and add the following:

by failing to exercise due care to avoid exposing the workers to hazards in the area.

On...

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