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MORTON v. DE OLIVEIRA

No. 91-55125.

984 F.2d 289 (1993)

Susan MORTON; William Morton, Plaintiffs-Appellants, v. Joaquin Martins DE OLIVEIRA, and Carnival Cruise Lines, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 19, 1993.

Attorney(s) appearing for the Case

John N. Connell, Anderson & Connell, Bellingham, WA, for plaintiffs-appellants.

William L. Robinson, Lillick & Charles, Long Beach, CA, for defendants-appellees.

Before: BRUNETTI, O'SCANNLAIN, and T.G. NELSON, Circuit Judges.

BRUNETTI, Circuit Judge:

This admiralty case arises from an alleged rape on board a cruise liner. We must decide whether the Supreme Court has implicitly overruled this circuit's law that a ship owner is absolutely liable for a crew member's assault on a passenger.

I

Plaintiffs Susan and William Morton paid to take a cruise in 1989 on the M/V Carnivale, a ship owned and operated by Carnival Cruise Lines...

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