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STISSI v. INTERSTATE AND OCEAN TRANSPORT

Cal. Nos. 650, 760, Dockets 84-7699, 84-7735.

765 F.2d 370 (1985)

Barbara STISSI, Individually and as Personal Representative of the Estate of Ronald Stissi, Deceased, Plaintiff-Appellee, v. INTERSTATE AND OCEAN TRANSPORT CO. OF PHILADELPHIA, Defendant. In the Matter of the Complaint of INTERSTATE TOWING CO., as Owner of the tug Delaware, Interstate Marine Transport Co., as Owner of the barge Interstate 36, and Interstate and Ocean Transport Co., as Bareboat Charterer of the barge Interstate 36, and the tug Delaware, Plaintiffs for Exoneration from or Limitation of Liability. Judith LAX, as Administratrix of the state of Ruth Calabro, Deceased, Plaintiff-Appellee, v. INTERSTATE TOWING CO., as Owner of the tug Delaware, Interstate Marine Transport Co., as Owner of the barge Interstate 36, and Sonat Marine, Inc., formerly known as Interstate and Ocean Transport Co., as Bareboat Charterer of the barge Interstate 36, and tug Delaware, Defendants, Sonat Marine, Inc., Defendant-Appellant Cross-Appellee. Thomas J. FUREY, Plaintiff-Appellee Cross-Appellant, v. INTERSTATE TOWING CO., as Owner of the tug Delaware, Interstate Marine Transport Co., as Owner of the barge Interstate 36, and Sonat Marine, Inc., formerly known as Interstate and Ocean Transport Co., as Bareboat Charterer of the barge Interstate 36, and tug Delaware, Defendants, Sonat Marine, Inc., Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 20, 1985.

Attorney(s) appearing for the Case

James M. Hazen, New York City (Leonard & Kenny, New York City, of counsel), for defendant-appellant cross-appellee Sonat Marine, Inc.

Edward F. Gerace, Tampa, Fla., for plaintiff-appellee Barbara Stissi.

David Holmes, Merrick, N.Y. (Curtis, Zaklukiewicz, Vasile & Devine, Merrick, N.Y., of counsel), for plaintiff-appellee cross-appellant Thomas J. Furey.

James S. Rowen, New York City, for plaintiff-appellee cross-appellant Thomas J. Furey.

Jesse S. Waldinger, New York City (Kramer, Dillof, Tessel, Duffy & Moore and Charles F. McGuire, New York City, on the brief), for plaintiff-appellee Judith Lax.

Before VAN GRAAFEILAND, MESKILL, and WINTER, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

This is an appeal and cross appeal from a judgment of the United States District Court for the Eastern District of New York (Nickerson, J.) apportioning fault and fixing damages in connection with a collision between a motorboat and a barge which occurred on Long Island Sound on August 22, 1980. Because this appeal follows a second trial and two reported opinions, one by this Court, 717 F.2d 752, and...

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