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PENTON v. POMPANO CONST. CO., INC.

Nos. 90-5469, 92-4622.

976 F.2d 636 (1992)

Robert E. PENTON, Sr., Plaintiff-Appellee, v. POMPANO CONSTRUCTION CO., INC., and Futch Leasing, Inc., Defendants, Futch Construction, Inc., Defendant-Appellant. Robert E. PENTON, Sr., Plaintiff-Appellee, v. POMPANO CONSTRUCTION COMPANY, INC., Defendant, Futch Construction, Inc., Futch Leasing, Inc., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied January 5, 1993.

Attorney(s) appearing for the Case

Gail Leverett, Kubicki, Draper, Gallagher & McGrane, P.A., Miami, Fla., for defendants-appellants.

Darryl J. Tschirn, Metairie, La., for plaintiff-appellee.

Before TJOFLAT, Chief Judge, EDMONDSON, Circuit Judge, and DYER, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied January 5, 1993.

TJOFLAT, Chief Judge:

The principal issue presented by this appeal is whether appellee's negligence claim for personal injury in the construction of a jetty on Key Biscayne, Florida, alleged a maritime tort. The district court held that it did and, in accordance with the jury's verdict, entered judgment awarding appellee $210,000 in damages. Because the negligence alleged in this case had insufficient...

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