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CUSANELLI v. KLAVER

No. 457, Docket 82-6179.

698 F.2d 82 (1983)

Thomas CUSANELLI, Plaintiff-Appellant, v. Leonard KLAVER, Defendant-Appellee, and Perko Manufacturing Corp., Perkins Marine Lamp & Hardware Corp., and Perko, Inc., Defendants.

United States Court of Appeals, Second Circuit.

Decided January 4, 1983.

Attorney(s) appearing for the Case

Lester E. Fetell, Brooklyn, N.Y. (Peter I. Hoppenfeld, and Fetell & Coen, Brooklyn, N.Y., on the brief), for plaintiff-appellant.

Janis G. Schulmeisters, U.S. Dept. of Justice, New York City (J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., and Raymond J. Dearie, U.S. Atty., Brooklyn, N.Y., on the brief), for defendant-appellee.

Before TIMBERS, KEARSE and PIERCE, Circuit Judges.

TIMBERS, Circuit Judge:

On this appeal from a judgment entered in the Eastern District of New York, Thomas C. Platt, Jr., District Judge, 542 F.Supp. 677, dismissing this maritime complaint against Leonard Klaver (and the United States), the essential question is whether the EL MAR II (El Mar), a grounded vessel whose skipper was a member of the Coast Guard Auxiliary (Auxiliary), was a "public vessel" within the meaning...

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