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TITTLE v. ALDACOSTA

No. 75-1119.

544 F.2d 752 (1977)

In re the Complaint of Robert A. TITTLE for exoneration from or limitation of liability as the owner of the M/V ADIOS, Plaintiff-Appellee, v. Nicholas ALDACOSTA and Brenda Aldacosta, Defendants Third-Party Plaintiffs-Appellants, v. Mike TITTLE, Third-Party Defendant Cross Plaintiff-Appellee, v. NORTHWESTERN NATIONAL INSURANCE CO., Cross Defendant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 31, 1977.

Attorney(s) appearing for the Case

Edward A. Perse, J. Arthur Hawkesworth, Jr., Miami, Fla., for defendants third-party plaintiffs-appellants.

Mercer K. Clarke, Miami, Fla., for Robert A. Tittle.

Before BROWN, Chief Judge, and TUTTLE and GEE, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 31, 1977.

JOHN R. BROWN, Chief Judge:

Brenda Aldacosta fell as she was disembarking from the M/V ADIOS, a charter boat owned and captained by Robert Tittle (Owner). She sustained severe injuries which included the complete loss of one kidney. Owner under the shipowner's limitation of liability statute 46 U.S.C. § 1831 is seeking a judgment of exoneration from

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