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MISCH v. ZEE ENTERPRISES, INC.

Nos. 87-2130, 87-2365.

879 F.2d 628 (1989)

Hermine Fujuro MISCH, on Behalf of the ESTATE OF Kansiano MISCH, as well as on behalf of his dependents and family, Plaintiff-Appellant, v. ZEE ENTERPRISES, INC.; Tuna Clippers, Inc.; Casamar Guam, Inc.; Laura Ann Partnership; Adriatic Sea Partnership; Lawrence Zuanich; Does I Through V, Individuals and Partners; Roe Corporations I Through V, Defendants-Appellees. Hermine Fujuro MISCH, on Behalf of the ESTATE OF Kansiano MISCH, as well as on behalf of his dependents and family, Plaintiff-Appellee, v. ZEE ENTERPRISES, INC., Defendant, and Laura Ann Partnership; Lawrence Zuanich, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 7, 1989.

Attorney(s) appearing for the Case

Ronald H. Klein, Acret & Perrochet, San Francisco, Cal. and Donald R. Hazlewood, Saipan, CNMI, for plaintiff-appellant.

Richard A. Pipes, Carbullido & Pipes, Agana, Guam, for defendants-appellees.

Before O'SCANNLAIN and TROTT, Circuit Judges, and EZRA, District Judge.

O'SCANNLAIN, Circuit Judge:

This is an appeal from the district court's dismissal of an amended complaint for damages arising out of the death of the plaintiff's husband on board a vessel in the Commonwealth of the Northern Mariana Islands ("CNMI" or "Commonwealth"). Jurisdiction was predicated on, inter alia, the Jones Act, 46 U.S.C.App. § 688, and the district court based its ruling on the purported failure...

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