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PALESTINA v. FERNANDEZ

No. 81-3540.

701 F.2d 438 (1983)

Lena Giafaglione PALESTINA, In her own right and in her capacity as administratrix/executrix of the Estate of Philip P. Palestina, and in her capacity as natural tutrix of the minor child, Carolyn Ann Palestina, Rose Palestina Monteleone and Rose Ann Palestina Bauer, Plaintiffs-Appellees, v. August FERNANDEZ, et al., Defendants, Vic Molero d/b/a Vic's Frozen Seafood, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 28, 1983.

Attorney(s) appearing for the Case

Glenn E. Diaz, Chalmette, La., for defendant-appellant.

Frank W. Roccaforte, Raymond P. Augustin, Jr., New Orleans, La., for plaintiffs-appellees.

Before WISDOM, RANDALL and TATE, Circuit Judges.

WISDOM, Circuit Judge:

This is an appeal from a judgment holding a boat owner liable for damages suffered in a collision between a vessel operated by the decedent and the owner's vessel negligently operated by a part-time employee after working hours. We reverse.

The surviving spouse and children of Philip Palestina brought this wrongful death action against August Fernandez and Vic Molero, d/b/a Vic's Frozen Seafood...

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