COMPLAINT OF NORTH AMERICAN TRAILING CO.

Civ. A. No. 90-1793-N.

763 F.Supp. 152 (1991)

The Complaint of NORTH AMERICAN TRAILING COMPANY as Owner, and NATCO, a Delaware Limited Partnership, as Charterer and Operator of the Vessel NORTHERLY ISLAND for Exoneration from or Limitation of Liability.

United States District Court, E.D. Virginia, Norfolk Division.

May 1, 1991.


Attorney(s) appearing for the Case

Henry P. Bouffard, Shuttleworth, Ruloff, Giordano & Kahle, P.C., Virginia Beach, Va., for North American, etc.

Carter T. Gunn, Vandeventer, Black, Meredith & Martin, Norfolk, Va., for North Carolina Power and Cape Hatteras.

Guilford D. Ware, Ann K. Sullivan, James L. Chapman, IV, Crenshaw, Ware & Martin, Norfolk, Va., Lacy H. Thornburg, Atty. Gen., Grayson G. Kelley, Asst. Atty. Gen., Dept. of Justice, Raleigh, N.C., for State of N.C.

Michael A. Rhine, Asst. U.S. Atty., Norfolk, Va., Debra J. Kossow, Sr. Admiralty Counsel, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for U.S.

Robert G. Winters, Reynolds, Smith & Winters, Norfolk, Va., for County of Dare, N.C.

Stephen C. Swain, Thomas B. Kelly, Clark and Stant, Virginia Beach, Va., for Hattaras Inn, Inc.

A. Jackson Timms, Benjamin V. Madison, III, D. Arthur Kelsey, Hunton & Williams, Norfolk, Va., Robert Carl Voigt, Sr. Atty., Carolina Tel. & Tel. Co., Tarboro, N.C., for Carolina Tel. & Tel.


OPINION AND ORDER

DOUMAR, District Judge.

The vessel NORTHERLY ISLAND is a hopper dredge owned by North American Trailing Company and operated under a bareboat charter by NATCO, a limited partnership, both plaintiffs in this action (collectively "North American"). During October 1990, the NORTHERLY ISLAND was engaged in dredging in Oregon Inlet, North Carolina, under a contract between NATCO and the Army Corps of Engineers. In the early morning of October...

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