David W. Underwood v. Don Glanville

69 F.3d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David W. UNDERWOOD, Plaintiff-Appellant, v. Don GLANVILLE, et al., Defendants-Appellees. No. 94-15749. United States Court of Appeals, Ninth Circuit. Submitted Oct. 16, 1995. * Decided Oct. 31, 1995. 1 Before: GOODWIN and HAWKINS, Circuit Judges, and FITZGERALD, ** District Judge. 2 ORDER *** 3 David Underwood appeals the district court's judgment following a bench trial, in favor of Don Glanville and Valley Engineers, Inc. in Underwood's maritime action, arising out of an injury Underwood incurred while working to modify an ocean going vessel owned by Glanville. The action was tried before Senior United States District Judge Robert F. Peckham, who died before any findings of fact and conclusions of law were entered. 4 Appellant contends that Judge Stanley A. Weigel erred in deciding the case, pursuant to Fed.R.Civ.P. 63 based on the transcript of the proceeding before Judge Peckham. On August 3, 1993, the parties…