CHUTE v. UNITED STATES

Nos. 79-1098, 79-1099.

610 F.2d 7 (1979)

James A. CHUTE, Administrator of the Estate of James L. Chute et al., Plaintiffs, Appellees, v. UNITED STATES of America, Appellant. James A. CHUTE, Administrator of the Estate of James L. Chute et al., Plaintiffs, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, First Circuit.

Decided November 26, 1979.


Attorney(s) appearing for the Case

Joseph G. Abromovitz, Boston, Mass., with whom Latti & Flannery, Boston, Mass., was on brief, for James A. Chute, etc., et al.

David V. Hutchinson, Atty., Civ. Div., Dept. of Justice, with whom Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Edward F. Harrington, U. S. Atty., Boston, Mass., and Leonard Schaitman, Atty., Civ. Div., Dept. of Justice, Washington, D. C., were on brief, for the United States.

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


LEVIN H. CAMPBELL, Circuit Judge.

Plaintiffs' decedents were passengers on a sports fishing boat which sank after striking the remains of a vessel scuttled in 1949 by the United States Navy for use as a bombing target and thereafter abandoned. Holding that the accident and ensuing fatalities were caused by the United States' failure adequately to mark (or else to remove) the sunken hazard, the district court awarded damages...

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