Hooker

The parties to the within actions have stipulated that the vessel “Marie” was lost with all hands and that the death of Loren Dale Howell, Paul Timothy Lovette, and all other persons who were on the ill-fated craft occurred in the waters of Santa Barbara channel more than one marine league (three nautical miles) from either the mainland or closest channel island. The Santa Barbara channel lies between Santa Barbara, California, and the Santa Barbara Islands. The question now posed is — were the deaths within the purview of the United States statute known as Death on the High Seas by Wrongful Act, Title 46 U.S.C. §§ 761-768 , enacted March 30, 1920, and hereafter referred to as Death on the High Seas Act.

The said vessel “Marie” was wood-hulled, of 13.9 gross tons, 40.1 feet registered length and powered by one General Motors marine engine of 225 horsepower.

On or about June 7, 1960, at 7:30 a. m., the “Marie” departed her berth in Santa Barbara, California, for the general area of the Santa Barbara Islands and was never seen thereafter. It is agreed by the parties that she was, at the time, transporting certain instruments to be lowered into ocean waters for the purpose of…