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YARMOUTH SEA PRODUCTS LTD. v. SCULLY

No. 96-1209.

131 F.3d 389 (1997)

YARMOUTH SEA PRODUCTS LIMITED, a Canadian Corporation, Plaintiff-Appellee, v. David SCULLY, Charterer, In Personam, Defendant-Appellant, and S/V COYOTE, her engines, boilers, tackle, furniture, equipment, freights, and apparel, In Rem; Helen Davis, Owner; The BOC Group Incorporated; International Business Machines Corporation, a/k/a IBM, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 2, 1997.

Attorney(s) appearing for the Case

ARGUED: Robert Bert Ransom, Andrew Kenneth Epting, Jr., Charleston, SC, for Appellant. John Hughes Cooper, John Hughes Cooper, P.C., Sullivan's Island, SC, for Appellee. ON BRIEF: John B. Kern, Charleston, SC, for Appellee.

Before WILKINSON, Chief Judge, ERVIN, Circuit Judge, and DAVIS, United States District Judge for the District of Maryland, sitting by designation.

Affirmed in part and vacated and remanded in part by published opinion. Judge DAVIS wrote the opinion, in which Chief Judge WILKINSON and Judge ERVIN joined.

OPINION

DAVIS, District Judge:

This admiralty case began when plaintiff-appellee Yarmouth Sea Products, Ltd. ("Yarmouth") sued defendant-appellant David Scully ("Scully"), charterer of the sailing vessel COYOTE, and others, for damages arising from the collision at sea of the COYOTE with its...

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