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MARINE RECREATIONAL OPPORTUNITIES, INC. v. BERMAN

No. 514, Docket 93-7561.

15 F.3d 270 (1994)

In the Matter of the Complaint of MARINE RECREATIONAL OPPORTUNITIES, INC., as owner of a 1987 Cruisers, Inc. 286 Rogue Sport for exoneration from or limitation of liability, Plaintiff-Appellant, v. Zachary BERMAN and Bennett Marine, Inc., Defendants, Gerald Berman and Josephina Berman, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 31, 1994.

Attorney(s) appearing for the Case

Joseph J. Perrone, New York City (Peter D. Fenzel, New York City, of counsel), for plaintiff-appellant.

Richard D. Tunick, New York City, for defendants-appellees.

Before: LUMBARD, VAN GRAAFEILAND and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Marine Recreational Opportunities, Inc. ("MRO") appeals from Judge Keenan's order dismissing its complaint for lack of subject matter jurisdiction. MRO commenced this action under 46 U.S.C.App. § 183 (1988), seeking exoneration from, or limitation of, its liability for injuries to Gerald Berman. Berman's injuries were suffered aboard a vessel previously sold by MRO. We conclude that MRO was not...

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