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YACHT SALES INTERN., INC. v. CITY OF VIRGINIA BEACH

Civil Action No. 2:97-cv262.

977 F.Supp. 408 (1997)

YACHT SALES INTERNATIONAL, INC., Plaintiff, v. CITY OF VIRGINIA BEACH, James K. Spore, and Ralph A. Smith, Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

September 30, 1997.

Attorney(s) appearing for the Case

Edward James Powers, Vandeventer, Black, Meredith & Martin, Norfolk, VA, for Plaintiff.

John Robert Crumpler, Jr., Kaufman & Canoles, Norfolk, VA, Kenneth Michael Golski, Virginia Beach City Attorney's Office, Virginia Beach, VA, Richard Jay Beaver, Lawrence Steven Emmert, Office of the City Attorney, Municipal Center, Virginia Beach, VA, for City of Virginia Beach.

Kenneth Michael Golski, Virginia Beach City Attorney's Office, Virginia Beach, VA, Richard Jay Beaver, Office of the City Attorney, Municipal Center, Virginia Beach, VA, for James K. Spore, Ralph A. Smith.

ORDER & OPINION

DOUMAR, District Judge.

This case is before the court on Plaintiff Yacht Sales International's motion for summary judgment on Counts I, II & III, and Defendants City of Virginia Beach, James K. Spore and Ralph A. Smith's cross-motion for summary judgment on those three counts.

Counts I & II allege negligence and negligence per se by the City of Virginia Beach in failing to dredge the Rudee Inlet to its design...

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