Wallace Higa, Administrator of the Estate of Takeichi Higa, Deceased v. Transocean Airlines, a Corporation

On Petition for Rehearing

Higa was granted a rehearing to determine whether the order of the district court dismissing his case without prejudice to file an action in admiralty should be set aside and the case remanded to the admiralty docket of the court below.1 On appeal this court agreed with the view of the trial judge that an action under the Death on the High Seas Act, 46 U.S.C.A. § 761 et seq., could be brought only in an admiralty action. Higa raised for the first time in his petition for rehearing the question of whether the case should have been dismissed or transferred to the…