MANNING v. GORDON

No. C 93-3426 WHO (ARB).

853 F.Supp. 1187 (1994)

Paul and Leslie MANNING, Plaintiffs, v. Martin GORDON, Jack Air, Mac Cranford, and the S/V NEVER AGAIN II, Yacht # 75 its apparel, sails and appurtenances, Defendants.

United States District Court, N.D. California.

May 16, 1994.


Attorney(s) appearing for the Case

Cory A. Birnberg, Birnberg & Associates, San Francisco, CA, for plaintiffs.

Daniel J. Crawford, Hancock Rothert & Bunshoft, San Francisco, CA, for defendants.


OPINION AND ORDER

ORRICK, District Judge.

In this action involving a collision between two yachts in the course of a sailboat race, the Court is met with the threshold question as to whether the doctrine of assumption of risk may be applied to a case arising under the General Maritime Law of the United States. The question, one of first impression in this district and circuit, comes before the Court on plaintiffs' Rule 12(e) Fed.R.Civ.P.

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