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SARATOGA FISHING CO. v. MARCO SEATTLE INC.

Nos. 93-56344, 93-56368 and 93-56501.

69 F.3d 1432 (1995)

SARATOGA FISHING CO., Plaintiff-Appellee, v. MARCO SEATTLE INC., Defendant-Appellant, and J.M. Martinac & Co.; Caterpillar Tractor Co.; Southwest Marine Hardware, Inc., Defendants. SARATOGA FISHING CO., Plaintiff-Appellant, v. MARCO SEATTLE INC.; Southwest Marine Hardware, Inc.; Caterpillar Tractor Co.; J.M. Martinac & Co., Defendants-Appellees. SARATOGA FISHING CO., Plaintiff-Appellee, v. J.M. MARTINAC & CO., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 25, 1995.

Withdrawn August 4, 1995.

Filed August 4, 1995.

Withdrawn October 26, 1995.

Decided October 26, 1995.

Attorney(s) appearing for the Case

Daniel B. MacLeod, Alford & MacLeod, San Diego, California, for defendant-appellant-cross-appellee Marco Seattle, Inc.

Duncan B. Koler, Walton, Ottesen, Meads & Koler, San Diego, California, for defendant-appellant-cross-appellee J.M. Martinac & Company.

Keith Zakarin, Pillsbury, Madison & Sutro, San Diego, California, for plaintiff-appellee-cross-appellant Saratoga Fishing Company.

Before: BEEZER and JOHN T. NOONAN, Jr., Circuit Judges, and EZRA, District Judge.

Opinion by Judge BEEZER; Partial Concurrence and Partial Dissent by Judge NOONAN.

ORDER

The opinion filed August 4, 1995, appearing at 63 F.3d 792 (1995), is hereby withdrawn.

OPINION

BEEZER, Circuit Judge:

This products liability action in admiralty arose following an engine room fire that caused the flooding and sinking of the fishing vessel M/V SARATOGA. The district court concluded...

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