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SANA v. HAWAIIAN CRUISES, LTD.

No. 98-15077.

181 F.3d 1041 (1999)

Benter Hernist SANA, guardian ad litem for Peter Hernist Sana, Plaintiff-Appellant, v. HAWAIIAN CRUISES, LTD.; Island Navigation, Co.; Bank of Hawaii, In Personam; M/V Navatek I, O.N. D953302, its engines, boilers, tackle, freight, equipment, stores and furnishings In Rem, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 4, 1999.

Attorney(s) appearing for the Case

Jay Friedheim, Honolulu, Hawaii, for the plaintiff-appellant.

Michael D. Formby and Robert G. Frame, Alcantara & Frame, Honolulu, Hawaii, for the defendants-appellees.

Before: FARRIS, NOONAN and GRABER, Circuit Judges.

FARRIS, Circuit Judge:

Peter Sana appeals from the judgment in favor of Hawaiian Cruises, Ltd. on his claim for maintenance and cure. We reverse.

BACKGROUND

On January 5, 1995, Hawaiian Cruises hired Sana to work in the galley aboard the Navatek I, a vessel used for whale-watching cruises. He typically worked from 6:30 a.m. to 2:30 p.m. on certain assigned days, and he could be called to work additional...

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