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AVERY v. U.S.

No. 86-2993.

829 F.2d 817 (1987)

David AVERY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant, and Pacific Drydock and Repair Company, Third-Party Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 2, 1987.

Attorney(s) appearing for the Case

Philip R. Weltin and Brian E. Kerss, San Francisco, Cal., for plaintiff-appellant.

Mitchell S. Griffin, San Francisco, Cal., for third-party defendant-appellee.

Before CHAMBERS, SCHROEDER and POOLE, Circuit Judges.

SCHROEDER, Circuit Judge:

This is an admiralty case in which a ship repairman, the plaintiff-appellant David Avery, was injured aboard a U.S. vessel in drydock for repair. Avery brought suit against the United States, and the United States filed a third-party claim against the drydock company, appellee Pacific Drydock & Repair Co. Avery then executed a release against the United States. The principal issue is whether that release, although it did not purport to...

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