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ONDINE SHIPPING CORP. v. CATALDO

No. 93-2378.

24 F.3d 353 (1994)

ONDINE SHIPPING CORPORATION, Plaintiff, Appellant, v. Robert CATALDO, Etc., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 25, 1994.

Attorney(s) appearing for the Case

Michael J. Malinowski, with whom Thomas F. Holt, Jr. and Kirkpatrick & Lockhart, Boston, MA, were on brief, for appellant.

Gordon P. Cleary, with whom Vetter & White, Providence, RI, was on brief, for appellee Robert Cataldo, Trustee in Bankruptcy.

Before SELYA, Circuit Judge, COFFIN and BOWNES, Senior Circuit Judges.

SELYA, Circuit Judge.

The focal point of this appeal is an 80-foot racing yacht, the ONDINE, built for plaintiff-appellant Ondine Shipping Corporation by a Wisconsin shipbuilder, Palmer Johnson, Inc., at a cost of roughly $1,500,000. The ONDINE encountered rough waters from the very start, and Palmer Johnson seemed unable to bring the vessel up to speed. In 1982, the owner contracted with Newport Offshore, Ltd. (NOL) for extensive refurbishing aimed at repairing defects...

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