COMPLAINT OF CAP'N RICK CORP.

Nos. 75 Civ. 3362 (RWS), 76 Civ. 3581 (RWS).

525 F.Supp. 31 (1981)

In the Matter of the Complaint of CAP'N RICK CORP., Plaintiff, as Owner of the F/V Cap'n Rick, for Exoneration from or Limitation of Liability. Eolla VIVENTI, as Executrix and Personal Representative of the Estate of Peter A. Viventi, Deceased, Plaintiff, v. CAP'N RICK CORP., Defendant.

United States District Court, S. D. New York.

On Motion to Alter Judgment July 10, 1981.


Attorney(s) appearing for the Case

Fuchsberg & Fuchsberg, New York City, for Eolla Viventi and the Estate of Peter A. Viventi; Harvey Goldstein, New York City, of counsel.

Phillips & Cappiello, New York City, Former Counsel for Eolla Viventi and the Estate of Peter A. Viventi.

Donald Shapiro, Mount Laurel, N. J., Former Counsel for Eolla Viventi and the Estate of Peter A. Viventi.

Davidow, Sherman & Eddowes, Bridgeton, N. J., Former Counsel for Eolla Viventi and the Estate of Peter A. Viventi.

Eliot H. Lumbard, Lumbard & Phelan, P. C., New York City, Guardian ad Litem for Dion J. Viventi and Robin Viventi.


OPINION

SWEET, District Judge.

On January 12, 1975 the fishing vessel CAP'N RICK rolled over and sank during a turn while engaged in clamming east southeast of Chesapeake Light Tower. Two crew members were drowned, Captain Peter A. Viventi and Adalbert Brodowski. What happened thereafter in actions brought under the Death on the High Seas Act, 46 U.S.C. § 761 et seq., and Jones Act, 46 U.S.C. § 688, has brought little credit to the legal...

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