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MacDONALD v. KAHIKOLU, LTD.

No. 08-15239.

581 F.3d 970 (2009)

Christopher MacDONALD, Plaintiff-Appellant, v. KAHIKOLU, LTD., doing business as Frogman Charters, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2009.

Attorney(s) appearing for the Case

John R. Hillsman, McGuinn, Hillsman & Palefsky, San Francisco, CA; Howard G. McPherson, Cronin, Fried, Sekiya, Kekina & Fairbanks, Honolulu, HI, for the plaintiff-appellant.

Richard C. Wootton and Mitchell S. Griffin, Cox, Wootton, Griffin, Hansen & Poulos, LLP, San Francisco, CA, for the defendant-appellee.

Before PROCTER HUG, JR., BETTY B. FLETCHER and MICHAEL DALY HAWKINS, Circuit Judges.

B. FLETCHER, Circuit Judge:

For a second time, plaintiff Christopher MacDonald appeals the district court's judgment after a bench trial in his Jones Act suit against defendant Kahikolu, Ltd. MacDonald worked as a crew member aboard one of Kahikolu's ships and was injured while performing a "free dive," an underwater dive done on a single breath without scuba equipment or other underwater breathing apparatus. In a prior opinion, a separate panel of this court vacated...

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