Tonquin Fisheries, Inc. v. Switzerland General Insurance Co.

64 F.3d 666 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. TONQUIN FISHERIES, INC., a Washington Corporation, owners of the F/V Tonquin, official No. 529425; and Burton C. Parker, Plaintiffs/Appellants, v. SWITZERLAND GENERAL INSURANCE CO. & Ymanda Tousignant, personal Representative of the Estate of Lawrence Tousignant, Defendants/Appellees. 1 No. 94-36175. 2 United States Court of Appeals, Ninth Circuit. Argued and Submitted July 21, 1995. Decided Aug. 15, 1995. 3 Before: NOONAN and HAWKINS, Circuit Judges, and LEW, District Judge. * 4 MEMORANDUM ** 5 Tonquin Fisheries, Inc. ("Tonquin") appeals the district court's grant of summary judgment in favor of appellee, the estate of Lawrence Tousignant. The case arises out of the sinking of the vessel F/V Tonquin on October 13, 1991. At issue on this appeal is an alternative claim brought by Tonquin against the estate of Lawrence Tousignant, captain of the F/V Tonquin. By Order dated August 24, 1994 the district court…