HERCULES CARRIERS, INC. v. CLAIMANT STATE OF FLA.

Nos. 82-5733, 83-3242 and 83-3591.

768 F.2d 1558 (1985)

In the Matter of the Complaint of HERCULES CARRIERS, INC., etc., Plaintiff-Appellant, v. CLAIMANT STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, et al., Defendants-Appellees. In the Matter of the Complaint of HERCULES CARRIERS, INC., etc., Cross-Appellee, v. CLAIMANT STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, et al., Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 26, 1985.


Attorney(s) appearing for the Case

Dewey R. Villareal, Jr., Carl R. Nelson, Tampa, Fla., J.M. Morse, III, Tallahassee, Fla., for plaintiff-appellant.

G. Morton Good, Miami, Fla., James A. Martin, Jr., Clearwater, Fla., Richard G. Rumrell, Jacksonville, Fla., Charles P. Schropp, Raymond T. Elligett, David G. Hanlon, Tampa, Fla., for State Dept. of Transp.

Richard F. Ralph, Miami, Fla., for Greyhound Bus Lines, Inc.

David V. Hutchinson, Civ. Div., Torts Branch, U.S. Dept. of Justice, Washington, D.C., for U.S.

Roger A. Vaughan, Wagner, Cunningham, Vaughan & McLaughlin, P.A., Tampa, Fla., for all Death & Personal Injury Claimants.

Before JOHNSON and CLARK, Circuit Judges, and LYNNE, District Judge.


CLARK, Circuit Judge:

This is a consolidated appeal involving three cases arising out of the allision of the SUMMIT VENTURE with the Sunshine Skyway Bridge near the mouth of Tampa Bay on May 9, 1980. In No. 82-5733, the district court granted the claimants' motion for partial summary judgment on the issue of exoneration. Hercules has appealed this order but as discussed below the ruling of the district court on Hercules' right to limit its liability pursuant to 46...

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