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LYON v. RANGER III

Nos. 87-1957, 87-1958.

858 F.2d 22 (1988)

Helen Grenier LYON, etc., et al. Plaintiffs, Appellants, v. The RANGER III and Gerald J. Costa, Defendants, Appellees. Helen Grenier LYON, etc., et al., Plaintiffs, Appellees, v. The RANGER III and Gerald J. Costa, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided September 22, 1988.

Submitted October 6, 1988.

Rehearing Denied October 19, 1988.

Attorney(s) appearing for the Case

Bertram E. Snyder with whom Paul D. McCarthy and Looney & Grossman, Boston, Mass., were on brief, for the Ranger III and Gerald J. Costa.

David B. Kaplan with whom Thomas M. Bond, Chelsea, Mass., was on brief, for Helen Grenier Lyon, et al.

Before CAMPBELL, Chief Judge, COFFIN and BREYER, Circuit Judges.

Rehearing En Banc Denied October 19, 1988.

BREYER, Circuit Judge.

A whale-watch ship, the Ranger III, struck and killed a scuba diver, Thomas Lyon, when Lyon suddenly surfaced eight feet in front of the boat, then on its way into Provincetown harbor. Lyon's wife, children, and estate brought this wrongful death action under general maritime law, 28 U.S.C. § 1333 (1982); Moragne v. States Marine Lines, Inc., 398 U.S. 375...

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