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PETITION OF M/V SUNSHINE, II

No. 85-3968.

808 F.2d 762 (1987)

In the Matter of the Petition of the M/V SUNSHINE, II, Petitioner, and Robert W. WHITAKER, for exoneration from or limitation of liability, Petitioner-Appellant, v. Patricia A. BEAVIN, Kirk Hindson, Juanita Hindson, Claimants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 23, 1987.

Attorney(s) appearing for the Case

Robert J. Giuffra, John Hession, Dougherty, Ryan, Mahoney, Pellegrino, Guiffra & Zambito, New York City, for petitioner-appellant.

Fred M. Peed, Marcia K. Lippincott, Orlando, Fla., for claimants-appellees.

Before GODBOLD and FAY, Circuit Judges, and ATKINS, Senior District Judge.

GODBOLD, Circuit Judge:

Robert W. Whitaker filed a petition for limitation of and/or exoneration from liability pursuant to the Limitation of Liability Act, 46 U.S.C. § 183. The Act permits the owner of a vessel to limit his liability for loss or damage done, occasioned or incurred by collision without his privity or knowledge.

The petition alleged that the Sunshine II, a 33 foot Carver Cruiser, was owned and operated by Whitaker and while proceeding...

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