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MacDOUGALLS' CAPE COD MARINE SERVICE, INC. v. CHRISTINA 40' VESSEL

No. 89-1884.

900 F.2d 408 (1990)

MacDOUGALLS' CAPE COD MARINE SERVICE, INC., Plaintiff, Appellant, v. ONE CHRISTINA 40' VESSEL, etc., Defendant, Appellee.

United States Court of Appeals, First Circuit.

March 30, 1990.

Attorney(s) appearing for the Case

Leonard Rose, Falmouth, Mass., for plaintiff, appellant.

Brian P. Flanagan, Boston, Mass., for defendant, appellee.

Before BREYER, ALDRICH and CYR, Circuit Judges.

BAILEY ALDRICH, Circuit Judge.

The ultimate question in this case is whether we should affirm the district court's undoing of a seemingly fast piece of work performed by plaintiff-appellant MacDougalls' Cape Cod Marine Service, Inc., on the admiralty side of the district court. Stuart Fultz, appellee, would-be claimant, whose regular employment was in the food business, sold yachts as a side endeavor, and rented an office in plaintiff's boat yard. In the summer of...

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