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DEARBORN v. MAR SHIP OPERATIONS, INC.

No. 95-56578.

113 F.3d 995 (1997)

Stephen DEARBORN, Plaintiff-Appellant, v. MAR SHIP OPERATIONS, INC., Defendant, and Bay Ship Management, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 8, 1997.

Attorney(s) appearing for the Case

Michael Marmer, Wilmington, California, for plaintiff-appellant.

Dawn M. Schock, Michael L. Armitage and John M. Whelan, Keesal, Young & Logan, Long Beach, California, for defendant-appellee.

Before: SKOPIL, PREGERSON, and REINHARDT, Circuit Judges.

OPINION

REINHARDT, Circuit Judge:

We must determine on this appeal whether, at the time plaintiff Dearborn was injured, defendant Bay Ship Management, Inc., was acting as an "agent or employee of the United States," within the meaning of the Suits in Admiralty Act, 46 U.S.C.App. § 745.

The pertinent facts of the case before us can be summarized briefly. Dearborn, a seaman employed by Bay Ship as a wiper aboard the United States Naval Ship KANE...

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