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F/V CAROLYN JEAN, INC. v. SCHMITT FOR ESTATE OF SCHMITT

No. 94-35583.

73 F.3d 884 (1995)

In the Matter of the Petition of F/V CAROLYN JEAN, INC., for Limitation of or Exoneration From Liability, Petitioner-Appellee, v. Robert J. SCHMITT, for the Estate of Timothy SCHMITT, Claimant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 11, 1995.

Attorney(s) appearing for the Case

Shane C. Carew, Seattle, Washington, for claimant-appellant.

Michael H. Williamson and Sarah E. Hall, Madden, Poliak, Macdougall & Williamson, Seattle, Washington, for petitioner-appellee.

Before: REINHARDT, TROTT, Circuit Judges, and SCHWARZER, District Judge.

OPINION

TROTT, Circuit Judge:

Timothy Schmitt, a crewman, died when the fishing vessel BARBAROSSA disappeared in the Bering Sea. His estate appeals an order granting summary judgment in favor of the BARBAROSSA's owner, F/V Carolyn Jean, Inc. ("Carolyn Jean"), on the issue of whether Schmitt endured pre-death pain and suffering. This presents us with a close question of the kind one could expect on a law school exam. We hold that the evidence, when viewed...

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