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PAPAI v. HARBOR TUG AND BARGE CO.

No. 93-15132.

67 F.3d 203 (1995)

John PAPAI, Joanna Papai, Plaintiffs-Appellants, v. HARBOR TUG AND BARGE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 25, 1995.

Attorney(s) appearing for the Case

Thomas J. Boyle, Law Offices of Thomas J. Boyle, San Francisco, CA, for plaintiffs-appellants.

Eric Danoff, Graham & James, San Francisco, CA, for defendant-appellee.

Before: POOLE and REINHARDT, Circuit Judges, and TAKASUGI, District Judge.

Opinion by Judge TAKASUGI; Dissent by Judge POOLE.

TAKASUGI, District Judge:

This case arises from a knee injury sustained by plaintiff John Papai while in the course and scope of his employment for defendant Harbor Tug and Barge Company on board the tug Point Barrow. Plaintiff appeals the granting of a partial summary judgment and a subsequent judgment for the defendant after a court trial. Because we hold that summary judgment was granted in error...

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