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BAILEY v. CARNIVAL CRUISE LINES, INC.

No. 85-5190.

774 F.2d 1577 (1985)

Bonnie BAILEY, as personal representative of the Estate of Clarence W. Bailey, on behalf of the Estate and Survivors, Plaintiff-Appellee, v. CARNIVAL CRUISE LINES, INC., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 4, 1985.

Attorney(s) appearing for the Case

Rodney Earl Walton, Miami, Fla., for plaintiff-appellant.

Terry S. Nelson, Miami, Fla., for defendant-appellee.

Before JOHNSON and HENDERSON, Circuit Judges, and ALLGOOD, District Judge.

JOHNSON, Circuit Judge:

In this case we are presented with a question of first impression: whether the filing of a suit under the Death on the High Seas Act in a state court will toll the running of a contractual time bar. The United States District Court for the Southern District of Florida held that filing an action in state court would prevent the running of such a bar. For the reasons stated herein we disagree and hold that such a state court action will not preserve...

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