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BROWN v. UNITED STATES

No. 85-1790.

790 F.2d 199 (1986)

Honour BROWN, et al., Plaintiffs, Appellees, v. UNITED STATES of America, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 13, 1986.

Attorney(s) appearing for the Case

Robert L. Willmore, Deputy Asst. Atty. Gen., with whom Richard K. Willard, Asst. Atty. Gen., William F. Weld, U.S. Atty., and David V. Hutchinson, Asst. Director, Admiralty, Torts Branch, Civ. Div., U.S. Dept. of Justice, were on brief, for defendant, appellant.

Michael B. Latti with whom William J. Griset, Jr. and Latti Associates were on brief, for plaintiff, appellee Brown.

Before BOWNES and ALDRICH, Circuit Judges, and PETTINE, Senior District Judge.

BAILEY ALDRICH, Senior Circuit Judge.

Friday noon, November 21, 1980, the F/V SEA FEVER and the F/V FAIRWIND set out from their home port of Hyannis, Massachusetts, for the southeastern edge of Georges Bank to engage in lobster fishing. Before leaving, they listened, as was their custom, on their radio receivers, to the National Weather Service (NWS) marine weather predictions. On VHF and sideband radios there can be received regularly, at 5:00 a.m., 11:00 a.m., 5...

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