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FOSTER v. PEDDICORD

Nos. 86-2663, 87-2509.

826 F.2d 1370 (1987)

William A. FOSTER, Jr., Plaintiff-Appellant, and Insurance Company of North America, Plaintiff, v. James R. PEDDICORD, Defendant-Appellee. William A. FOSTER, Jr.; Insurance Company of North America, Plaintiff-Appellee, v. James R. PEDDICORD, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 26, 1987.

Attorney(s) appearing for the Case

Joseph Francis Lentz, Jr. (Lentz, Hooper, Jacobs & Blevins, P.A., on brief), Thomas A. Montminy (Douglas B. Schoettinger; Smith, Somerville & Case, Baltimore, Md., on brief), for plaintiff-appellant.

William Gregory Montgomery, Thomas B. Eastman, Randall C. Coleman, Ober, Kaler, Grimes & Shriver, Baltimore, Md., on brief, for defendant-appellee.

Before SPROUSE and WILKINS, Circuit Judges, and MACKENZIE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

WILKINS, Circuit Judge:

William A. Foster, Jr. (Foster) appeals the dismissal by the district court of his admiralty claim against James R. Peddicord (Peddicord) for lack of subject matter jurisdiction. Peddicord appeals the denial of his motion to dismiss Foster's remaining diversity claim and the subrogation claim of Insurance Company of North America (INA) as time-barred. We affirm.

I.

On July 3, 1983 Foster was a guest aboard a pleasure boat...

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