McLinn, Matter of, 82-3644

Decision Date06 December 1983
Docket NumberNo. 82-3644,82-3644
Citation721 F.2d 666
PartiesIn the Matter of the Complaint of William McLINN, as owner of the F/V FJORD, her engines, tackle, boilers, and equipment for exoneration from, or limitation of liability. In the Matter of the Complaint of Gilbert Jack JOHNSON and Jack Stewart Johnson, as owners of the F/V SUPERSONIC, her engines, tackle, boilers, and equipment, and as owners of one certain Beck 15 foot fiberglass skiff, her engine, tackle and equipment, for exoneration from, or limitation of liability. Frank CHURCHILL, as the Informal Administrator of the Estate of Patrick Churchill and Dale Carlough, Plaintiffs-Appellants, v. The F/V FJORD, etc., et al., Defendants, and The F/V SUPERSONIC, her engines, tackle, apparel, appliances, equipment, apparatus and furniture; Gilbert Johnson, part owner and/or operator of said F/V SUPERSONIC; Jack Johnson, part owner of said F/V SUPERSONIC, Defendants-Appellees.
CourtU.S. Court of Appeals — Ninth Circuit

Gerald W. Markham, Kodiak, Alaska, for plaintiffs-appellants.

Kenneth F. Brittain, James M. Powell, Hughes, Thorsness, Gantz & Powell, Anchorage, Alaska, for defendants-appellees.

ORDER

Before BROWNING, Chief Judge, and CHOY, GOODWIN, WALLACE, SNEED, KENNEDY, ANDERSON, HUG, TANG, SKOPIL, SCHROEDER, FLETCHER, FARRIS, PREGERSON, ALARCON, POOLE, FERGUSON, NELSON, CANBY, BOOCHEVER, NORRIS, and REINHARDT, Circuit Judges.

Upon the vote of a majority of the regular active judges of this court, it is ordered that this case be reheard by an en banc panel of the court pursuant to Rule 25 of the Rules of the United States Court of Appeals for the Ninth Circuit. The previous three-judge panel assignment is withdrawn.

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4 cases
  • Doleman v. Meiji Mut. Life Ins. Co.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • March 14, 1984
    ... ... on the third claim because the omissions in the tender offer proposal were immaterial as a matter of law. Judgment was entered on these claims pursuant to Fed.R.Civ.P. 54(b). The plaintiffs only ... See In re McLinn, 721 F.2d 666, 667 (9th Cir.1983) (granting rehearing en banc). Because our decision would be the ... ...
  • Prescott v. U.S.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • April 25, 1984
    ... ... See In re McLinn, F/V Fjord, 721 F.2d 666 (9th Cir. rehearing en banc granted Dec. 6, 1983). Under either standard, ... ...
  • Safeco Ins. Co. of America v. Schwab
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • July 31, 1984
    ... ... 2778(2) (West 1974). Section 2778(2) provides that as a general matter indemnities against "claims" should be interpreted as allowing for indemnity only after payment of ... ...
  • Proud v. U.S., 83-2114
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • January 12, 1984

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