Lewis

The Boat LA Sambra v. Lewis

Good Law
321 F.2d 29·1966 A.M.C. 691
United States Court of Appeals for the Ninth CircuitAugust 12, 1963Nos. 18330, 18331California1,227 words

Opinion

Lead Opinion

Koelsch, J.

These are appeals in separate suits commenced in the District Court to enforce maritime liens asserted by the libelant, Edward Lewis, for the agreed price of a ship-to-shore radio, furnished to the boat “Beany” and an automatic pilot for the boat “La Sambra,” together with the cost of installation. We treat, them together because they tender but one common question; that is, whether the cases came within the admiralty jurisdiction of that court.

The answer depends upon whether the contracts for this equipment and its installation related to the repair 1 of completed boats or to their original construction, for the settled law, applicable here, is that “a contract for the former *30 is maritime; if for the latter, it is not.” New Bedford Dry Dock Co. v. Purdy, 258 U.S. 96 , 42 S.Ct. 243 , 66 L.Ed. 482 (1922).

The trial court found that when the equipment was furnished to the boats, each was a completed vessel. But after reviewing the entire evidence we are compelled to conclude that the court erred in so finding.

The evidence is for the most part undisputed and where a dispute does exist, we have accepted libelant’s version of the facts. Thus it appears that both appellants…

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