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McALEER v. SMITH

No. 94-2198.

57 F.3d 109 (1995)

Edward J. McALEER, Administrator of the Estate of James F. McAleer, and Hardy Lebel and Joan Lebel, Administrators of the Estate of Thomas A. Lebel, Plaintiffs, Appellants, v. Traver C. SMITH, Administrator of the Estate of Stuart A. Finlay, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 19, 1995.

Attorney(s) appearing for the Case

Edward M. Pitts with whom Pitts & Pitts was on brief for plaintiffs, appellants.

Holly S. Harvey with whom Thornton, Davis & Murray, P.A., was on brief for defendant, appellee.

Before CYR, Circuit Judge, CAMPBELL, Senior Circuit Judge, and STAHL, Circuit Judge.

STAHL, Circuit Judge.

Plaintiffs-appellants appeal from the district court's grant of summary judgment to defendant-appellee in this admiralty case. We affirm.

I.

BACKGROUND

On June 3, 1984, the Tall Ship S/V MARQUES, a participant in the Cutty Sark International Tall Ships Race between Bermuda and Nova Scotia, encountered a violent squall about eighty miles northeast of Bermuda. Almost without warning, and within seconds...

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