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SIMON v. INTERCONTINENTAL TRANSPORT (ICT) B.V.

Nos. 87-15087, 88-2744.

882 F.2d 1435 (1989)

Tyrone SIMON; Artis Moss, Plaintiffs-Appellees, v. INTERCONTINENTAL TRANSPORT (ICT) B.V., et al., Defendants, and Marine Terminals Corporation, Claimant-Appellant. Tyrone SIMON; Artis Moss, Plaintiffs-Appellees, v. MARINE TERMINALS CORPORATION; Majestic Insurance Company; a California corporation; Mission Insurance Company, a California corporation; and Other Unknown Agents of Majestic Insurance Company, Mission Insurance Company, and Marine Terminals Corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 16, 1989.

Attorney(s) appearing for the Case

B. James Finnegan and Katherine F. Theofel, Finnegan & Marks, a Professional Corp., San Francisco, Cal., for defendants-appellants and claimant-appellant.

William E. Weiss, Livingston & Weiss, a Professional Corp., San Francisco, Cal., for plaintiffs-appellees.

Before HUG, HALL and O'SCANNLAIN, Circuit Judges.

HUG, Circuit Judge:

We face two consolidated appeals arising from litigation that began after two longshore workers sustained injuries in the course of their employment and began receiving compensation payments from their employing stevedore under the Longshore and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. §§ 901-950 (1982 & Supp. V 1987). The first appeal arises from a negligence action that the longshore workers filed against the owner...

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