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CLIFFORD v. M/V ISLANDER

Nos. 87-1951, 87-2148.

846 F.2d 111 (1988)

Barry CLIFFORD, Plaintiff, Appellee, v. M/V ISLANDER, et al., Defendants, Appellees. Woods Hole, Martha's Vineyard and Nantucket Steamship Authority, Defendant, Appellant. Barry CLIFFORD, Plaintiff, Appellant, v. M/V ISLANDER, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 13, 1988.

Attorney(s) appearing for the Case

Frank H. Handy, Jr., with whom Kneeland, Kydd & Handy, Boston, Mass., was on brief, for M/V Islander and Woods Hole, Martha's Vineyard and Nantucket S.S. Authority.

Robert S. Wolfe, Manchester, Mass., with whom Alan H. Tufankjian, Scituate, Mass., was on brief, for Barry Clifford.

Before COFFIN, BREYER and SELYA, Circuit Judges.

PER CURIAM.

In Count I of his complaint, plaintiff presented a claim of salvage for his work in performing emergency repairs on the M/V Islander. In Count II, he presented a claim in quantum meruit for such services. The district court initially rejected plaintiff's claim for salvage on the ground that the essential element of "marine peril" had not been proven. It did, however, determine that an oral maritime contract had been entered into and that an award of $150...

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