McCARTHY v. THE BARK PEKING

No. 1411, Docket 81-7587.

716 F.2d 130 (1983)

Craig McCARTHY, Plaintiff-Appellant, v. THE BARK PEKING, her sails, equipment, appurtenances, etc., and South Street Seaport Museum, Third Party Plaintiff-Appellee, The State Insurance Fund and Northbrook Excess and Surplus Insurance, Third Party Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 23, 1983.


Attorney(s) appearing for the Case

Richard L. Dahlen, Edwin F. Lambert, Jr., and Dahlen & Gatewood, Boston, Mass., together with Zock, Petrie Reid & Curtin, New York City, submitted a brief for plaintiff-appellant McCarthy.

Francis X. Byrn, William J. Troy III, and Haight, Gardner, Poor & Havens, New York City, submitted a brief for third party plaintiff-appellee South Street Seaport Museum.

Alan G. Choate, Joseph F. Moore, Jr., Wayne W. Suojanen, and Pepper, Hamilton & Scheetz, Philadelphia, Pa., together with Mark O. Kasanin, Richard C. Brautigam, and McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., submitted a brief amici curiae for Nat. Maritime Historical Soc. and Nat. Maritime Museum Ass'n.

Before TIMBERS, KEARSE and CARDAMONE, Circuit Judges.


TIMBERS, Circuit Judge:

Following our prior decision in this case on April 12, 1982, 676 F.2d 42 (2 Cir.1982), appellant petitioned for certiorari with respect to a part of our decision. On January 24, 1983, the Supreme Court entered the following order (459 U.S. ___ (1983)):

"82-53 McCarthy v. Bark Peking. The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States...

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