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ROACH v. M/V AQUA GRACE

No. 87-3118.

857 F.2d 1575 (1988)

Irene C. ROACH, et al., Plaintiffs, Irene C. Roach, as Mother and Personal Representative of the Estate of Daniel Clyde Macon, deceased, Plaintiff-Appellant, v. M/V AQUA GRACE, et al., Defendants, Carras Hellas, Ltd., as Owner of the M/V Aqua Grace, Sea Scrub Systems, Inc., a Florida corporation, and Robin Lamaire, as owner of Sea Scrub Systems, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 26, 1988.

Attorney(s) appearing for the Case

George Kickliter, Hendrik Uiterwyk, Edward Gerace, Tampa, Fla., for plaintiff-appellant.

Carl Nelson, Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, Fla., for Hallas & Seagroup.

William John Beer, Pontiac, Mich., for Sea Scrub Systems.

Before HILL and EDMONDSON, Circuit Judges and ARONOVITZ, District Judge.

ARONOVITZ, District Judge:

This is an appeal from an order entering final summary judgment in favor of the remaining defendant and against the plaintiff in this action. We affirm.

Facts

In early 1984, Sea Scrub Systems, Inc. contracted with Carras Hellas, Ltd., owner of the M/V Aqua Grace, for the underwater hull cleaning of that merchant vessel at Tampa, Florida. Daniel Clyde Macon, an uncertified and inexperienced diver, was hired sight...

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