THORMAN v. AMERICAN SEAFOODS CO.

No. 03-36012.

421 F.3d 1090 (2005)

Philip THORMAN, and the class of similarly situated persons who worked aboard the factory trawlers managed by the in personam defendants, Plaintiff-Appellant, v. AMERICAN SEAFOODS COMPANY; American Seafoods Company LLC, In Personam; Ocean Rover F/T; American Triumph F/T; Northern Eagle F/T; Northern Hawk F/T; Northern Jaeger F/T; American Dynasty F/T; American Express F/T; Victoria Ann F/V; Christina Ann F/T; Katie Ann F/T; Pacific Scout F/V, and other vessels managed by the in personam defendants, their engines, tackle, equipment, appurtenances, freights, and cargo, In Rem, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 1, 2005.


Attorney(s) appearing for the Case

Bradley H. Bagshaw, Helsell Fetterman LLP, Seattle, WA, for the plaintiff-appellant.

Jay H. Zulauf, Hall Zanzig Zulauf Clafin McEachern, Seattle, WA; J. David Stahl, Christopher S. McNulty, and Christopher T. Wion, Mundt MacGregor LLP, Seattle, WA, for the defendants-appellees.

Before: FERGUSON, BEEZER, and McKEOWN, Circuit Judges.


McKEOWN, Circuit Judge:

Philip Thorman, on behalf of a class of similarly situated crew members, appeals the district court's grant of summary judgment in favor of American Seafoods Company and American Seafoods Company LLC (in personam defendants) as well as various vessels owned by these companies (in rem defendants) (the defendants collectively, "American Seafoods"). The district court concluded that Thorman's claims were time-barred because the contractual six...

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