Ali Galeb Ahmed v. American Steamship Owners Mutual Protection And Indemnity Association, Inc.

701 F.2d 824 Ali Galeb AHMED; Ali M. Albakri; Muhammed Ali Alhadi; Roger N. Baker; Edward T. Barth; Arturo Cintron; Julian Deveaux, et al., Appellants, v. AMERICAN STEAMSHIP OWNERS MUTUAL PROTECTION AND INDEMNITY ASSOCIATION, INC., et al., Appellees. No. 82-4116. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 17, 1983. Decided March 17, 1983. Edward J. Niland, Michael G. Briski, The Boccardo Law Firm, San Jose, Cal., for appellants. Richard C. Brautigam, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for appellees. Appeal from the United States District Court for the Northern District of California. Before GOODWIN, TANG and FARRIS, Circuit Judges. PER CURIAM. 1 This cause was remanded to the district court, 444 F.Supp. 569 , on the narrow question of the constitutionality of Sec. 167(4) 1 of the New York Insurance Law. Ahmed v. AM. S.S. Mut. Protection & Indemn. Ass'n, 640 F.2d 993 (9th Cir.1981). The district court declined to declare the statute unconstitutional and the plaintiffs appeal again to this court. We affirm. 2 The plaintiffs' theory is that the state's exemption of marine insurance carriers from the direct-action provision of…