CUNNINGHAM v. RENDEZVOUS, INC.

No. 81-1790.

699 F.2d 676 (1983)

Jacqueline B. CUNNINGHAM, Administratrix of the Estate of John G. Cunningham, Jr., deceased; Fannie Estelle Spencer, Administratrix of the Estate of James Earl Spencer, deceased; John G. Cunningham, Administrator of the Estate of Anthony Moses Cunningham, deceased; Mary Spencer, Administratrix of the Estate of James Ray Spencer, deceased, Appellants, v. RENDEZVOUS, INC.; Smith Marine Railway; The Humphreys Railways, Incorporated; Jane G. Cox, Administratrix of the Estate of William Harvey Cox, deceased; William House; James Florant, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 27, 1983.

Rehearing Denied March 16, 1983.


Attorney(s) appearing for the Case

Ralph Rabinowitz, Norfolk, Va. (Rabinowitz, Rafal & Swartz, P.C., Norfolk, Va., on brief), for appellants.

Peter W. Rowe, Norfolk, Va. (Stackhouse, Rowe & Smith, Norfolk, Va., on brief).

John M. Ryan, Robert G. Winters, Norfolk, Va. (Charles Poston, Henry L. Sadler, III, Norfolk, Va., on brief), for appellees.

Before BUTZNER, Circuit Judge, and HAYNSWORTH and FIELD, Senior Circuit Judges.


FIELD, Senior Circuit Judge:

This action arises out of the sinking of the F/V RENDEZVOUS on December 10, 1978. The representatives of the families of four decedents whose deaths were occasioned by the accident filed complaints seeking damages for the alleged wrongful deaths of decedents against the corporation which owned the vessel, Rendezvous, Inc., on grounds of negligence and unseaworthiness; against two shipyards ("Smith" and "Humphreys") for alleged negligence...

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