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VODUSEK v. BAYLINER MARINE CORP.

No. 94-1480.

71 F.3d 148 (1995)

Shirley VODUSEK, Individually and as Personal Representative of the Estate of Donald E. Vodusek, Sr., her husband, Plaintiff-Appellant, v. BAYLINER MARINE CORPORATION; Stammer's Marine Center, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 6, 1995.

Attorney(s) appearing for the Case

ARGUED: Vicki Lynne Dexter, Irwin, Kerr, Green, McDonald & Dexter, Baltimore, Maryland, for Appellant. George Joseph Koelzer, Lane, Powell, Spears, Lubersky, Los Angeles, California, for Appellees. ON BRIEF: Kathleen M. McDonald, Bruce T. Carton, Irwin, Kerr, Green, McDonald & Dexter, Baltimore, Maryland, for Appellant. Carolyn J. Shields, Richard C. Burch, Dale B. Garbutt, Sandra Harlen Benzer, Lane, Powell, Spears, Lubersky, Los Angeles, California, for Appellees.

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MICHAEL and Judge MOTZ joined.

OPINION

NIEMEYER, Circuit Judge:

This personal injury case presents two questions of first impression in this circuit: (1) whether a jury may decide all issues in a case involving both admiralty and law claims, and (2) whether a district court may properly permit a jury to draw an adverse inference from a party's spoliation of relevant evidence...

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