Gebhard v. S.S. Hawaiian Legislator

425 F.2d 1303 Marvin W. GEBHARD, Plaintiff-Appellant, v. S.S. HAWAIIAN LEGISLATOR, her engine, tackle, gear, appurtenances, Matson Navigation Company, a corporation, Matson Terminals, Inc., a corporation, Respondents-Appellees. No. 22880. United States Court of Appeals, Ninth Circuit. April 9, 1970. COPYRIGHT MATERIAL OMITTED A. W. Wallace (argued), Wallace & Wallace, Los Angeles, Cal., for plaintiff-appellant. Robert Sikes (argued), Sikes, Pinney & Matthew, North Hollywood, Cal., for respondents-appellees. Before HUFSTEDLER, WRIGHT and KILKENNY, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 This action is by a marine clerk for injuries sustained on a pier in connection with the loading of the S.S. Hawaiian Legislator. He alleges negligence and unseaworthiness, and joins as defendants the ship, her owner, and the stevedoring company, his employer. The District Court dismissed the cause for want of admiralty jurisdiction, there being no diversity, and plaintiff appeals. 2 On the evening of July 13, 1966, the S.S. Hawaiian Legislator was loading a cargo of container vans at Wilmington, California. The vans were brought to the pier by truck, and transferred from the…