Lane v. Birting Fisheries, Inc.

98 F.3d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James LANE, Denise Lien, Carl Offenheiser, and the class of similarly situated persons who worked aboard the F/T Ocean Rover, Plaintiffs-Appellants, and James S. Valentine, Plaintiff, v. BIRTING FISHERIES, INC., OCEAN ROVER F/T, Official Number 552100, her engines, tackle, equipment, appurtenances, freights and cargo, In Rem, Defendants-Appellees. No. 95-35847. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 11, 1996. Decided Oct. 1, 1996. Before: REAVLEY, * REINHARDT and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 James Lane and others, representing a class of 209 crewmembers employed by Birting Fisheries on its fishing vessel Ocean Rover, sued for underpayment of wages. After a bench trial the district court found the facts in favor of Birting and dismissed the claims. We affirm. 3 The contract of employment provided that each crewmember would be paid a proportionate share of the total…