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USHER v. M/V OCEAN WAVE

No. 92-35606.

27 F.3d 370 (1994)

Robert C. USHER; Kristi K. Usher, Plaintiffs-Appellants, v. M/V OCEAN WAVE, her engines, tackle, furnishings, etc., in rem, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 14, 1994.

Attorney(s) appearing for the Case

Charles Robinowitz, Portland, OR, for plaintiffs-appellants.

Kim Jefferies, Wood Tatum Wonacott & Landis, Portland, OR, for defendant-appellee.

Before: BROWNING, KOZINSKI, and NOONAN, Circuit Judges.

PER CURIAM:

On December 27, 1988 Robert Usher was injured while working as a longshoreman aboard the M/V Yuhoh (now the M/V "OCEAN WAVE"). On November 12, 1991, two years and eleven months later, Robert Usher and his wife Kristi filed this action in rem against the OCEAN WAVE seeking damages for Robert's physical injuries and Kristi's loss of consortium. The district court dismissed both claims as barred by laches and Kristi's claim on the additional ground...

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