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THOMAS v. NEWTON INTERN. ENTERPRISES

No. 93-55317.

42 F.3d 1266 (1994)

Denise THOMAS & Willie Lavon Thomas, Plaintiffs-Appellants, v. NEWTON INTERNATIONAL ENTERPRISES; Southern Shipping Management (Chile) Ltd., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 14, 1994.

Attorney(s) appearing for the Case

Thomas J. Pierry, III, Pierry & Moorhead, Wilmington, CA, for plaintiffs-appellants.

Patrick G. Rogan, Dimitrios P. Biller, Pillsbury Madison & Sutro, Los Angeles, CA, for defendants-appellees.

Before: WALLACE, REINHARDT, and TANNER, Circuit Judges.

REINHARDT, Circuit Judge:

This case involves a negligence action by an injured longshore worker against the owner of the vessel. The district court granted summary judgment for the vessel. We reverse.

BACKGROUND

On July 6, 1991, Stevedoring Services of America assigned longshore worker Denise Thomas to assist with the discharging and loading of cargo from the vessel "Imperial". At approximately 2:30 p.m., Thomas and her work partner, Joe Graham...

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