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DULUTH SUPERIOR EXCURSIONS, INC. v. MAKELA

No. 79-2034.

623 F.2d 1251 (1980)

DULUTH SUPERIOR EXCURSIONS, INC., and Flamingo Excursions, Inc., Appellants, v. Joseph MAKELA, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 29, 1980.

Attorney(s) appearing for the Case

Gene W. Halverson (on brief), Halverson, Watters, Bye, Downs & Maki, Duluth, Minn., for appellants; Jeanne M. Forneris, Duluth, Minn., on brief.

Laura S. Underkuffler (on brief), Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Minneapolis, Minn., for appellee.

Before LAY, Chief Judge and BRIGHT and ROSS, Circuit Judges.

BRIGHT, Circuit Judge.

Duluth Superior Excursions, Inc. and Flamingo Excursions, Inc. (collectively, Excursions) brought this action in federal court seeking to limit their potential liability to Joseph Makela under the Shipowner's Limitation of Liability Act, 46 U.S.C. §§ 181-189 (1976). The district court dismissed the action, holding that Excursions had failed to establish federal admiralty jurisdiction under 28 U.S.C § 1333(1) (1976). For the reasons...

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