M/V American Queen v. San Diego Marine Construction Corp.

708 F.2d 1483 13 Fed. R. Evid. Serv. 1278 M/V AMERICAN QUEEN, a United States Vessel, and Caribe Fishing Company, Inc., a Puerto Rican corporation, Plaintiffs-Appellants, v. SAN DIEGO MARINE CONSTRUCTION CORP., and Campbell Industries, California corporations, Defendants-Appellees. No. 81-5927. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 1, 1982. Decided June 24, 1983. Peter Murphy, Maloney, Chase, Fisher & Hurst, San Francisco, Cal., for plaintiffs-appellants. Daniel C. Minteer, Lillick, McHose & Charles, San Diego, Cal., for defendants-appellees. Appeal from the United States District Court for the Southern District of California. Before GOODWIN, HUG, and BOOCHEVER, Circuit Judges. BOOCHEVER, Circuit Judge: 1 Appellants, M/V American Queen and Caribe Fishing Company (hereinafter collectively "Caribe") brought suit against two marine repair and construction companies alleging improper service and repair of the American Queen's rudder, which disabled the vessel while at sea. Defendants sought and were granted summary judgment on the basis of a limitation of liability clause in the contract for maintenance and repairs. We find the grant of…