CHURCHILL v. F/V FJORD

No. 86-4178.

857 F.2d 571 (1988)

Carlissa CHURCHILL, As the Informal Administrator of the Estate of Patrick Churchill; and Dale Carlough; Plaintiffs-Appellants, v. The F/V FJORD, her engines, tackle, apparel, appliances, equipment, apparatus and furniture, et al.; William McLinn, owner and operator of said F/V FJORD; Russell McLinn and David Panamarioff; Defendants-Appellees. In the Matter of the Complaint of William McLINN, as owner of the F/V FJORD, her engines, tackle, boilers and equipment, for exoneration from, or limitation of liability. In the Matter of the Complaint of Gilbert Jack JOHNSON and Jack Stewart Johnson, as owners of the F/V SUPERSONIC, her engines, tackle, boilers and equipment, and as owners of one certain Beck 15 foot fiberglass skiff, her engine, tackle and equipment, for limitation of liability.

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1988.


Attorney(s) appearing for the Case

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

Robert L. Eastaugh, Delaney, Wiles, Hayes, Reitman & Brubaker, Anchorage, Alaska, for defendants-appellees.

Before HUG, NORRIS and HALL, Circuit Judges.


CYNTHIA HOLCOMB HALL, Circuit Judge:

Plaintiffs-appellants Churchill and Carlough sue for wrongful death and personal injury arising from the navigation of three skiffs, two of which collided. The district court had subject matter jurisdiction pursuant to 28 U.S.C. § 1333(1) and exercised pendent jurisdiction over plaintiffs' state law claim. The court, after a bench trial, entered judgment in the liability phase of the trial in favor of defendants-appellees...

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