Donald G. Hamilton v. Keystone Tankship Corporation

Good Law
539 F.2d 684·41 Cal. Comp. Cases 1023·1976 U.S. App. LEXIS 7814
United States Court of Appeals for the Ninth CircuitJuly 28, 197675-1850California827 words

Opinion

Opinion

Plaintiff brought this suit in federal district court seeking to recover reimbursement for private medical expenses and sums representing maintenance from the defendant under the maritime laws. Plaintiff’s basis for this action was an allegation that he had become ill and disabled while employed aboard the defendant’s vessel, the S.S. Catawba Ford. After some discovery had taken place, the defendant moved for summary judgment based on certain “documentary evidence” which it had attached to its motions as exhibits. The motions had no affidavits in support of it and no verified foundation of the “exhibits.” The motion and notice were filed on January 31, 1975. Proposed findings of fact and conclusions of law were also filed by the defendant at that time. The district court set argument on the motion for February 18 but continued the argument until March 10 on its own motion. The plaintiff filed a memorandum in opposition to the motion for summary judgment on March 5. On March 7, the plaintiff filed a statement of the genuine issues of fact pursuant to Local Rule 3(g)(2) of the Central District of California. The defendant on March 7, 1975, filed a response to the…

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