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PAYNE v. EXXON CORP.

No. 96-35043.

121 F.3d 503 (1997)

Jacqueline PAYNE; Jacob Payne; Randy W. Lowe; Ferdinand Samuel, Plaintiffs-Appellants, v. EXXON CORPORATION; Exxon Company USA; Exxon Shipping Company; and VECO, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 6, 1997

Attorney(s) appearing for the Case

Michael P. Guta and Daniel A. Stenson, Law Offices of John E. Hill, San Francisco, CA, and Roger Henderson, Houston & Henderson, Anchorage, AK, for plaintiffs-appellants.

Matthew D. Regan, Randall J. Weddle, Faulkner, Banfield, Doogan & Holmes, Anchorage, AK, Eliot S. Jubelirer, Stephen M. Hankins, Morgenstein & Jubelirer, San Francisco, CA, for defendant-appellee Exxon Corp.

Colleen J. Moore, Eide & Miller, P.C., Anchorage, AK, for defendant-appellee VECO, Inc.

Before: WALLACE, JOHN T. NOONAN, Jr., and THOMPSON, Circuit Judges.

WALLACE, Circuit Judge:

Jacqueline Payne, Jacob Payne, Randy Lowe, and Ferdinand Samuel (plaintiffs) appeal from the district court's dismissal of their action with prejudice under Federal Rule of Civil Procedure 37(b)(2)(C). Federal jurisdiction in the district court was based upon the Jones Act, 46 U.S.C. § 688, and general maritime law. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291, and we affirm.

I

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