CALIFORNIA HOME BRANDS, INC. v. FERREIRA

No. 87-6124.

871 F.2d 830 (1989)

CALIFORNIA HOME BRANDS, INC. and Pan Pacific Fisheries, Plaintiffs-Appellants, v. Danny FERREIRA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 28, 1989.


Attorney(s) appearing for the Case

Lawrence W. Kaye, Lillick, McHose & Charles, San Diego, Cal., for plaintiffs-appellants.

Irwin M. Zalkin, Law Offices of Irwin M. Zalkin, San Diego, Cal., for defendant-appellee.

Forrest Booth, Kurt Micklow, Daniel J. Crawford, Hancock, Rothert & Bunshoft, San Francisco, Cal., for amicus curiae American Tuna Boat Ass'n.

M.E. De Orchis, De Orchis and Partners, Craig V. Resile, New York City, for amicus curiae Maritime Overseas Corp.

Terry A. Bell, Ballay, Braud and Bell, A Professional Law Corp., Belle Chase, La., for amicus curiae Ass'n of Trial Lawyers of America.

Before FARRIS, POOLE and FERGUSON, Circuit Judges.


POOLE, Circuit Judge:

California Home Brands, Inc. and Pan Pacific Fisheries (hereafter collectively CHB), shipowners, appeal dismissal of their suit for indemnity and contribution from their seaman-employee, Danny Ferreira, whose negligence allegedly caused the injury of another crewmember. The district court granted Ferreira's motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) on the grounds that neither traditional maritime law...

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