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STEVEDORING SERVICES OF AMERICA, INC. v. EGGERT

No. 90-35015.

953 F.2d 552 (1992)

STEVEDORING SERVICES OF AMERICA, INC., formerly Seattle Stevedore Company, a California Corporation, Plaintiff-Appellee, v. Edward M. EGGERT; Jodi Eggert, his wife; and the marital community composed thereof, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Deferred November 6, 1990.

Resubmitted November 16, 1990.

Decided January 9, 1992.

As Amended April 20, 1992.

Attorney(s) appearing for the Case

Craig R. Elkins, Bellevue, Wash., James R. Walsh, Lynnwood, Wash., for defendants-appellants.

Richard Martin Slagle, Williams, Kasner & Gibbs, Seattle, Wash., for plaintiff-appellee.

Joshua T. Gillelan II, Office of Solicitor, U.S. Dept. of Labor, Washington, D.C., for Director of Dept. of Labor's Office of Workers' Compensation Programs, as amicus curiae.

Before TANG, O'SCANNLAIN and LEAVY, Circuit Judges.

TANG, Circuit Judge:

Edward M. Eggert ("Eggert") appeals the district court's order granting summary judgment in favor of Stevedoring Services of America, Inc. ("Stevedoring"). Eggert alleges that the district court lacked subject matter jurisdiction to decide this case. Specifically, Eggert contends that the district court erroneously implied a federal cause of action under the Longshore Harbor Workers' Compensation Act ("LHWCA" or "Act") for recoupment of alleged...

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