Harold R. Jones v. Bender Welding & Machine Works, Inc.

581 F.2d 1331 Harold R. JONES, Plaintiff-Appellant/Cross-Appellee, v. BENDER WELDING & MACHINE WORKS, INC. and Caterpillar Tractor Co.,Defendants-Appellees/Cross-Appellants. Nos. 76-2684, 76-2114. United States Court of Appeals, Ninth Circuit. Aug. 10, 1978. As Amended on Denial of Rehearing Sept. 12, 1978. Andrew C. Gauen (argued), of Merrick, Hofstedt & Lindsey, Seattle, Wash., for plaintiff-appellant/cross-appellee. Douglas M. Fryer (argued), of Moriarty, Long, Mikkelborg & Broz, Seattle, Wash., for defendants-appellees/cross-appellants. On Appeal from the United States District Court for the Western District of Washington at Seattle. Before DUNIWAY, CUMMINGS, * and SNEED, Circuit Judges. CUMMINGS, Circuit Judge. 1 In this admiralty and diversity suit brought under 28 U.S.C. §§ 1332 and 1333, plaintiff, a citizen of Alaska, sued Bender Welding & Machine Works, Inc., an Alabama corporation with its principal place of business in Mobile, and Caterpillar Tractor Company, a Delaware corporation, with its principal place of business in Peoria, Illinois, for damages to plaintiff's fishing vessel MARCY J and other consequential damages. In June 1972,…