MARTINEZ v. SIGNATURE SEAFOODS INC.

No. 01-35768.

303 F.3d 1132 (2002)

Arthur MARTINEZ, Plaintiff-Appellant, v. SIGNATURE SEAFOODS INC; Lucky Buck F/V, Official # 567411, her machinery, appurtenances, equipment and cargo, in rem, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2002.


Attorney(s) appearing for the Case

Eric Dickman, Dickman Law Group, Seattle, WA, for the appellant.

Tom Montgomery, Montgomery Scarp, PLLC, Seattle, WA, for the appellees.

Before HALL, TASHIMA, and RAWLINSON, Circuit Judges.


OPINION

CYNTHIA HOLCOMB HALL, Circuit Judge.

This case requires us to determine whether triable issues of fact exist as to whether a seaworthy fish processing barge that is towed across navigable waters twice a year can qualify as a "vessel in navigation" for certain purposes of the Jones Act, 46 U.S.C. § 688. We hold that they do, reverse the district court, and remand for further proceedings.

BACKGROUND

On July 8, 1997, defendant...

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