Wagner v. Atme

50 F.3d 18 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Lee James WAGNER, individually and dba Wagner Equipment Company, Plaintiff-Appellant, v. Birgitte ATME; Tony Atme; Charles Atme; Rony Atme; Yousseff Atme; Eli Atme; Mona Atme; Hind Atme; and Minerva Atme, Defendants-Appellees, and Gloria Garcia, Claimant-Appellee. No. 94-56447. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 7, 1995. Decided March 23, 1995. 1 Before: SCHROEDER and KLEINFELD, Circuit Judges, and KING, * District Judge. 2 MEMORANDUM ** 3 Lee James Wagner, individually and d/b/a Wagner Equipment Company, appeals the denial of his claim under the Limitation of Liability Act, 46 U.S.C. Secs. 183 et seq. He sought a judicial declaration exonerating him from, or limiting his liability for, a 1991 fire aboard his sailboat that resulted in the deaths by smoke inhalation of three of his passengers. We affirm. 4 Pursuant to 46 U.S.C. Sec. 183 (a), the liability of any vessel owner…