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ALLIED TOWING CORP. v. TATEM

No. 77-1648.

580 F.2d 702 (1978)

In the Matter of the Complaint of ALLIED TOWING CORPORATION as owner of the TANKBARGE ATC 3060, limitation of liability, Appellant, v. Leonard TATEM, Lum C. Plum, Earl D. Kennedy, Kay J. Brown, as Administratrix of the Estate of Edward Carol Brown, Deceased, The Aetna Casualty and Surety Company, William Roland Sloan, and Edgar J. Rhodes, Administrator of the Estate of Terrance L. Rhodes, Deceased, Appellees, and CPC International Inc., Star Towing Corporation, Mrs. Mildred L. Mayo, Rosso & Mastracco, Inc., Harvey L. Howlett, t/a Howlett Elevator Company, Heco, Inc., and Mr. and Mrs. Frank Everett, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 18, 1978.

Attorney(s) appearing for the Case

Charles F. Tucker, Norfolk, Va. (John B. King, Jr., Vandeventer, Black, Meredith & Martin, Norfolk, Va., on brief), for appellant.

Alan P. Owens and Ralph Rabinowitz, Norfolk, Va., for appellees.

Before BUTZNER, Circuit Judge, LAY, Circuit Judge for the Eighth Circuit, sitting by designation, and RUSSELL, Circuit Judge.

PER CURIAM:

Allied Towing Corp. appeals from an order of the district court denying a petition in admiralty for exoneration or limitation of liability. It also appeals the court's denial of summary judgment with respect to claims involving interpretation of the Longshoremen's and Harbor Workers' Compensation Act. We sustain the district court's rulings but remand the case for modification of the judgment in light of an intervening decision of this court.

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