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COMPLAINT OF BROWN

Civ. A. No. C 81-2576.

536 F.Supp. 750 (1982)

In the Matter of the Complaint of Kevin BROWN, dba S. K. Marine, as Owner of 1980 23 Foot Correct Craft Fish Nautique, for Exoneration From or Limitation of Liability.

United States District Court, N. D. Ohio, E. D.

April 19, 1982.

Attorney(s) appearing for the Case

Jeffrey D. Fincun, Cleveland, Ohio, for plaintiff.

Michael R. Kube, Cleveland, Ohio, for claimant.

MEMORANDUM AND ORDER

ANN ALDRICH, District Judge.

Pending before the Court is claimant Edwin J. Smith's Motion to Dismiss this action, which seeks exoneration from, or limitation of, liability under the provisions of the Shipowners' Limitation of Liability Act, 46 U.S.C. § 181 et seq. ("Act").

For the reasons set forth below, the Motion to Dismiss, treated as a motion for summary judgment, Fed.R.Civ.P. 12(b), is denied.

I.

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