Gioda v. Saipan Stevedoring Co.

OPINION

HEFNER, Designated Judge:

In July, 1985 this panel heard oral arguments on the merits of this appeal from a jury verdict and judgment entered against the defendant for damages. Following oral argument, a question of jurisdiction was raised and as a consequence the panel felt obligated to transfer the matter to the Court of Appeals pursuant to 28 U.S.C. § 1631.

This transfer was denied by the Court of appeals and remanded for a decision on the merits. Gioda v. Saipan *518Stevedoring Company, Inc., No. 86-2435 (9th Cir. filed 8/18/88).

This panel now proceeds to determine the appeal.

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The…