BRADFORD

v.

BYERS

Citator

Cited By

• In re the Arb. between Towers v. Brown, 732 F.2d 345 (3d Cir. 1984)
  …do not agree that this is the case. In California, the preclusive effect of an order depends on what the order determines, not on whether it is deemed interlocutory. In re Los Angeles County Pioneer Society, 40 Cal.2d 852, 257 P. 2d 1, cert. denied, 346 U.S. 888, 74 S.Ct. 139, 98 L.Ed. 392 (1953). This functional test is in accord with the rule that an order may be res judicata as to part of the matter in dispute, while litigation continues as to the rest. Wynn v. Treasure Co., 146 Cal.App.2d 69, 303 P. 2d…
• Esker E. Haskins v. Point Towing Co., 421 F.2d 532 (3d Cir. 1970)
  …), is the establishment by the seaman of an employer-employee relationship with the defendant. Rights given under the Act are an outgrowth of the peculiar condition of a seaman’s employment. Paul v. United States, 205 F. 2d 38 (3rd Cir.), cert. den. 346 U.S. 888, 74 S.Ct. 140, 98 L.Ed. 392 (1953). The same applies to rights arising under the older common law doctrine of maintenance and cure. See Cortes v. Baltimore Insular Line, 287 U.S. 367, 371, 53 S.Ct. 173, 77 L.Ed. 368 (1932); 1 Norris Law of Seamen, §…