Legal Opinion

John Papai, Joanna Papai v. Harbor Tug and Barge Company

Court of Appeals for the Ninth Circuit

Decided September 25, 1995No. 93-15132PublishedCited by 43 opinions

1Opinion of the Court

Opinion by Judge TAKASUGI; Dissent by Judge POOLE.

TAKASUGI, District Judge:

This ease arises from a knee injury sustained by plaintiff John Papal while in the course and scope of his employment for defendant Harbor Tug and Barge Company on board the tug Point Barrow. Plaintiff appeals the granting of a partial summary judgment and a subsequent judgment for the defendant after a court trial. Because we hold that summary judgment was granted in error, we do not reach plaintiffs challenge to the court’s findings made at trial.

This appeal raises two issues:

1. What factors are relevant to the…

2Cases cited10 opinions

  1. McDermott International, Inc. v. WilanderSupreme Court of the United States · 1991
  2. Chandris, Inc. v. LatsisSupreme Court of the United States · 1995
  3. Ferguson v. Moore-McCormack Lines, Inc.Supreme Court of the United States · 1957
  4. Southwest Marine, Inc. v. GizoniSupreme Court of the United States · 1991
  5. Bryant v. CarlesonCourt of Appeals for the Ninth Circuit · 1971

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3Cited by43 opinions

  1. Harbor Tug & Barge Co. v. PapaiSupreme Court of the United States · 1997
  2. Jeffrey J. Biggs v. Cal A. Terhune, Director of Wbs/jfm CDC California Board of Prison Terms Board of Prison TermsCourt of Appeals for the Ninth Circuit · 2003
  3. Stanislaw Opoka v. Immigration and Naturalization ServiceCourt of Appeals for the Seventh Circuit · 1996
  4. Diruzza v. County of TehamaCourt of Appeals for the Ninth Circuit · 2000
  5. O'Hara v. Diageo-Guinness, USA, Inc.District Court, District of Columbia · 2018

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