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AMERICAN TEL. & TEL. CO. v. M/V CAPE FEAR

No. 91-5402.

967 F.2d 864 (1992)

AMERICAN TELEPHONE & TELEGRAPH COMPANY; Federal Republic of Germany, (Federal Ministry of Posts and Communications); Regie Des Telegraphes et Des Telephones; Cyprus Telecommunications Authority; Telefonica, S.A.; British Telecom; Companhia Portuguesa Radio Marconi, S.A.; TRT Telecommunications Corporation; FTC Communications, Inc.; Teleglobe Canada Inc.; PTT Telecom B.V.; Posti-ja Telelaitos; Televerket; Norwegian Telecommunications Administration; Statens Teletjeneste; Bord Telecom Eireann; Community of Yugoslav/PTT, v. M/V CAPE FEAR and M/V LITTLE GULL, their engines, boilers fishing gear, etc., In Rem; and Gifford Marine, Inc., In Personam, Gifford Marine, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Decided June 18, 1992.

Attorney(s) appearing for the Case

James F. Young (argued), Mary E. Reeves, Krusen, Evans & Byrne, Philadelphia, Pa., for appellant.

Douglas R. Burnett (argued), Frances C. Peters, Hill, Rivkins, Loesberg, O'Brien, Mulroy & Hayden, Newark, N.J., for appellees.

Before: STAPLETON, SCIRICA and ROTH, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this case we are required to decide whether the Submarine Cable Act of 18881 provides an implied private right of action to owners of submarine cables that are damaged as a result of the negligent conduct of others. The district court held that it does. American Tel. & Tel. Co. v. M/V Cape Fear, 763 F.Supp. 97, 105 (D.N.J. 1991)....

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