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ANDREWS v. UNITED STATES

Nos. 85-3678, 85-3698 and 85-3699.

801 F.2d 644 (1986)

Melissa ANDREWS, Administratrix of the Estate of Leo Andrews, Jr., Melissa Andrews, Administratrix of the Estate of Edward Andrews and Melissa Andrews in her own right v. UNITED STATES of America and Carl Andrews, Personal Representative of the Estate of Laverne Andrews. Walter J. SMITH, Administrator of the Estate of David Alan Smith v. The UNITED STATES of America. Carl SPIKER, Administrator of the Estate of Carla Marie Spiker v. The UNITED STATES of America and Carl Andrews, Personal Representative of the Estate of Laverne Andrews, Deceased. Appeal of Melissa ANDREWS, as Administratrix of the Estate of Leo Andrews and Edward Andrews, and in her own right; Carl Spiker, Administrator of the Estate of Carla Spiker; and Walter Smith, Administrator of the Estate of David Smith. Carl ANDREWS, Jr., Administrator of the Estate of Laverne Andrews, Appellant in No. 85-3698 v. UNITED STATES of America. Lucille KARNS, Personal Representative of the Estate of Nancy Karen McCleese, a/k/a Nancy Karen McCleese Andrews, deceased, Appellant in No. 85-3699, v. UNITED STATES of America and Carl Andrews, Personal Representative of the Estate of Laverne Andrews, Deceased.

United States Court of Appeals, Third Circuit.

Decided September 19, 1986.

Attorney(s) appearing for the Case

Stewart M. Flam (argued), Hunter A. McGeary, Jr., Dickie, McCamey & Chilcote, P.C., Pittsburgh, Pa., for appellants in No. 85-3678.

Joseph D. Talarico, Pittsburgh, Pa., for appellant in No. 85-3698.

Joseph P. Moschetta (argued), Washington, Pa., for appellant in No. 85-3699.

Richard K. Willard, Asst. Atty. Gen., J. Alan Johnson, U.S. Atty., Debra J. Kossow (argued), Senior Admiralty Counsel, U.S. Dept. of Justice, Washington, D.C., for appellee U.S.

Paul J. Brysh, U.S. Attorney's Office, Pittsburgh, Pa., for appellee in No. 85-3678.

Daniel J. Weis, Stephen J. Summers (argued), Weis & Weis, Pittsburgh, Pa., for appellee Carl Andrews in No. 85-3699.

Before SEITZ, ADAMS, and STAPLETON, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge.

I

On June 13, 1981, seven individuals, Leo Andrews, Laverne Andrews, Leo's wife Melissa, Leo's niece Carla Spiker, Laverne's wife Nancy, Leo's son Edward, and David Smith, launched two motorboats into the Ohio River, intending to engage in recreational boating. One boat, owned by Leo Andrews, was fourteen feet in length and had a 35 horsepower outboard engine. The other boat, owned by Laverne Andrews...

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