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WARN v. M/Y MARIDOME

Nos. 97-55610, 97-56355.

169 F.3d 625 (1999)

Michael John WARN, as personal representative of The Estate of Nicholas Warn, decedent; Gloria Warn-Wyeth; Lee Warn; Melanie Warn; Nathan Warn; Panagiotis Stathopoulos, as personal representative of The Estate of George Florian Stathopoulos; Robert Stathopoulos; Vera Maria Brigman; Ilona Brigman-Thiel, as personal representative of The Estate of Andreas Brigman; Christine Willshaw, as personal representative of The Estate of Simon Paul Willshaw; Frederick Willshaw; Richard Brooks, an individual on behalf of himself, Plaintiffs-Appellants, v. M/Y MARIDOME, her Engines, Tackle, Apparel, Furniture and Appurtenances, in rem; Maridome Marine Limited, a corporation, in personam; James Boos, in personam; Boston Whaler, Inc., a corporation, in personam, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 3, 1999.

As Amended May 3, 1999.

Attorney(s) appearing for the Case

Matthew F. Quint, Wilson & Quint, San Francisco, California, for the plaintiffs-appellants.

George J. Koelzer (argued), Robert J. Zapf, Joshua S. Force, Hancock Rothert & Bunshoft, Los Angeles, California; Rosemary Springer (argued), Justs N. Karlsons, S. Mark Varney, Carroll, Burdick & McDonough, San Francisco, California, for the defendants-appellees.

Before: KOZINSKI and O'SCANNLAIN, Circuit Judges, and DAMRELL, JR., District Judge.

O'SCANNLAIN, Circuit Judge:

We must decide whether the victims of a maritime accident in foreign waters may state claims under the Jones Act.

I

In the early hours of September 3, 1995, the tender of the yacht M/Y Maridome ("Maridome") struck a metal pipe structure in the harbor of the Port of Poros, Greece, while ferrying passengers and crew from ship to shore. Nicholas Warn, George Stathopoulos, Andreas Brigman, and Simon Willshaw were killed in...

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