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HASSINGER v. TIDELAND ELEC. MEMBERSHIP CORP.

Nos. 85-1672, 85-1673.

781 F.2d 1022 (1986)

Charles R. HASSINGER, Administrator of the Estate of Stanley H. Hassinger, III; Janet Mead Proctor, Administratrix of the Estate of Robert Diego Proctor and James B. Powell, Administrator of the Estate of Stuart L. Powell, Appellees, v. TIDELAND ELECTRIC MEMBERSHIP CORPORATION, Defendant, and Coleman Company, Inc. and Coast Catamaran Corporation, Appellants. Charles R. HASSINGER, Administrator of the Estate of Stanley H. Hassinger, III; Janet Meade Proctor, Administratrix of the Estate of Robert Diego Proctor and James B. Powell, Administrator of the Estate of Stuart L. Powell, Appellees, v. TIDELAND ELECTRIC MEMBERSHIP CORPORATION, Appellant, and Coleman Company, Inc. and Coast Catamaran Corporation, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 8, 1986.

Attorney(s) appearing for the Case

Robert M. Hughes, III, (Glen A. Huff, Seawell, Dalton, Hughes & Timms, Norfolk, Va., on brief), Arthur W. O'Connor, Jr. (George R. Ragsdale, Moore, Ragsdale, Liggett, Ray & Foley, P.A., Armistead J. Maupin, John Turner Williamson, Maupin, Taylor & Ellis, P.A., Raleigh, N.C., on brief), for appellant.

Vance Barron, Jr. (McNeill Smith, Smith, Moore, Smith, Schell & Hunter, Greensboro, N.C., Daniel L. Brawley, Marshall, Williams, Gorham & Brawley, Wilmington, N.C., W. Timothy Haithcock, Barnes, Braswell & Haithcock, P.A., Goldsboro, N.C., on brief), for appellees.

Before PHILLIPS and ERVIN, Circuit Judges, and McMILLAN, United States District Judge for the Western District of North Carolina, sitting by designation.

McMILLAN, District Judge:

Defendants Tideland Electric Membership Corporation (Tideland), Coleman Company, Inc. (Coleman) and Coast Catamaran Corporation (Catamaran) appeal the denial by the district court of their motions to dismiss this action for lack of admiralty jurisdiction. They argue that the district court erred when it held (1) that admiralty jurisdiction does not stop at the water's edge but goes to the mean high water mark; (2) that the "extension of land...

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