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BERGEN v. F/V ST. PATRICK

No. 86-3900.

816 F.2d 1345 (1987)

Agnes BERGEN, Administratrix of the Estate of Thomas Karl Kauppinen; Shannon Lee Youhas Jobe, Administratrix of the Estate of James E. Jobe; Robert Kidd; P.G. Pair, Administrator of the Estate of Wilson Lee Pair; Frank Romero, Personal Representative of the Estate of Ronnie Newton; Thomas R. Ryker, Personal Representative of the Estate of Randall Ray Ryker; James R. Sandin, Personal Representative of the Estate of Vanessa N. Sandin; Salome B. Smith, Administratrix of the Estate of Charles Wayne Parlett; Willard Gary Stallings, Personal Representative of the Estate of Gary Todd Stallings; Flora B. Stigall and Joel L. Stigall, individually and as Administrators of the Estate of Clifford S. Stigall, Wallace R. Thomas; Robert O. Washburn and Blanche Washburn, dba Marine Transportation, Plaintiffs-Appellees, v. F/V ST. PATRICK; St. Patrick, Inc., Daniel Whorton; Leroy Whorton; and William Wilson, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided May 7, 1987.

Attorney(s) appearing for the Case

Gerald W. Markham, Kodiak, Alaska, and James J. Rhodes, Anchorage, Alaska, for plaintiffs-appellees.

Richard A. Nielson, Jr., Anchorage, Alaska, for defendants-appellants.

Before GOODWIN, SCHROEDER and FARRIS, Circuit Judges.

FARRIS, Circuit Judge:

BACKGROUND

In October 1980, Daniel Whorton, Leroy Whorton, and a third investor formed a Virginia corporation to purchase and outfit the fishing vessel St. Patrick for scallop fishing in Alaska. William Wilson purchased the third investor's 50% share in the enterprise in 1981.

The master and mate hired for the St. Patrick had considerable experience in fishing the North Atlantic. In September 1981, after an informal Coast Guard...

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