DE SOLE v. U.S.

No. 89-2471.

947 F.2d 1169 (1991)

Domenico De SOLE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, Chesapeake Bay Yacht Racing Association, United States Yacht Racing Union, Incorporated, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 29, 1991.

As Amended November 21, 1991.


Attorney(s) appearing for the Case

Allan Abbott Tuttle, argued, Patton, Boggs & Blow, Washington, D.C., for plaintiff-appellant.

Stephen P. Kling, argued, Crummey & King, Annapolis, for amici curiae.

Kevin Patrick McMahon, Civ. Div., U.S. Dept. of Justice, Washington, D.C., argued (Stuart M. Gerson, Asst. Atty. Gen., Civ. Div., U.S. Dept. of Justice, Washington, D.C., Breckinridge L. Willcox, U.S. Atty., and Ethan L. Bauman, Asst. U.S. Atty., Baltimore, Md., on brief), for defendant-appellee.

Before WIDENER and MURNAGHAN, Circuit Judges, and SMITH, District Judge for the Eastern District of Virginia, sitting by designation.


OPINION

MURNAGHAN, Circuit Judge:

Domenico De Sole filed an action in admiralty under the Suits in Admiralty Act, 46 U.S.C.App. § 741 et seq., and the Public Vessels Act, 46 U.S.C.App. § 781 et seq., seeking to recover for damages to his racing yacht, CIRO. The damages, allegedly $41,600.05 worth, were caused by a collision with the United States Navy yacht, CINNABAR, at the finish line of the Chesapeake Bay Yacht Racing Association's 1988 Spring...

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