Lillian M. Matise, as Personal Representative of Granville C. Matise, Deceased v. American Foreign Steamship Co.

(concurring):

I concur, of course, in the foregoing disposition of the subject appeal. I think it important to the profession, however, that the rather ■ bizarre procedural course taken by the controversy be emphasized.

Initially, a panel of this court, of which, incidentally, my Brother Duniway was not a member, issued its opinion and judgment in favor of the seaman. 488 F.2d 469 (9th Cir. 1974). That initial opinion reflects that the critical issue, on its merits, was not easy of solution; nevertheless, the steamship company apparently accepted the validity of the judgment, not seeking review by way of certiorari. Thus, our original judgment became final and was issued to the District Court. It called for further proceedings consistent with our original opinion, and I thought, as I believe my two colleagues of the original panel thought, that the only further act required by the District Court was the fixing of the legal amount of damages to which the seaman was entitled.

Upon remand, the District Court did indeed fix an amount of damages, and the steamship company appealed. The appellee moved that the appeal be expedited, claiming that it was frivolous and taken for delay…

On Remand

Pursuant to the Supreme Court’s mandate and its opinion in the subject cause ( 423 U.S. 150 , 96 S.Ct. 410 , 46 L.Ed.2d 354 , 44 U.S.L.W. 4031 (1976)), the subject cause is remanded to the District Court for disposition harmonizing with the Supreme Court’s opinion.

538 F.2d 857 Lillian M. MATISE, as personal representative of Granville C. Matise, Deceased, Appellee, v. AMERICAN FOREIGN STEAMSHIP CO., Appellant. No. 74-2721. United States Court of Appeals, Ninth Circuit. May 27, 1976. John A. Flynn, San Francisco, Cal., for appellant. Eric J. Schmidt, San Francisco, Cal., for appellee. OPINION On Remand Before DUNIWAY and ELY, Circuit Judges. PER CURIAM. 1 Pursuant to the Supreme Court's mandate and its opinion in the subject cause ( 423 U.S. 150 , 96 S.Ct. 410 , 46 L.Ed.2d 354 , 44 U.S.L.W. 4031 (1976)), the subject cause is remanded to the District Court for disposition harmonizing with the Supreme Court's opinion. ELY, Circuit Judge (concurring): 2 I concur, of course, in the foregoing disposition of the subject appeal. I think it important to the profession, however, that the rather bizarre procedural course taken by the controversy be emphasized. 3 Initially, a panel of this court, of which, incidentally, my Brother Duniway was not a member, issued its opinion and judgment in favor of the seaman. 488 F.2d 469 (9th Cir. 1974). That initial opinion reflects that the critical issue, on its merits, was not easy of solution; nevertheless, the…