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MERRILL TRUST COMPANY v. BRADFORD

No. 74-1296.

507 F.2d 467 (1974)

MERRILL TRUST COMPANY, Executor of the Estates of Dean W. Footman and Priscilla L. Footman, Plaintiff-Appellant, v. Merrill BRADFORD, Executor of the Estates of Charles D. Meyer and Sandra W. Meyer, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided December 5, 1974.

Attorney(s) appearing for the Case

U. Charles Remmel, II, Portland, Me., with whom David P. Cluchey and Thompson, Willard & McNaboe, Portland, Me., were on brief, for plaintiff-appellant.

William W. Willard, Portland, Me., with whom Herbert H. Sawyer, Bernstein, Shur, Sawyer & Nelson, Portland, Me., John L. Quinlan, James S. McMahon, Jr., and Bigham, Englar, Jones & Houston, New York City, were on brief, for defendant-appellee.

Before COFFIN, Chief Judge, ALDRICH, and CAMPBELL, Circuit Judges.

ALDRICH, Senior Circuit Judge.

Little purpose would be served in detailing the facts preceding the unfortunate stranding, in the middle of a rainy, foggy night in May, 1970, of the 30-foot ketch, Thalassa, on the westerly side of Lobster Point, near the southwesterly end of Monhegan Island, Maine. The yacht was bound in a general northeasterly direction on an outside run from Plymouth, Massachusetts into Penobscot Bay, a course which led directly by Monhegan, and...

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