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DRAKE FISHING, INC. v. CLARENDON AMERICAN INS. CO.

No. 97-1817.

136 F.3d 851 (1998)

DRAKE FISHING, INC., et al., Plaintiffs, Appellants, v. CLARENDON AMERICAN INSURANCE CO., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 20, 1998.

Attorney(s) appearing for the Case

John A. Birknes, Jr., Dartmouth, MA, for appellants.

Thomas J. Muzyka with whom Clinton & Muzyka, Boston, MA, was on brief, for appellee.

Before TORRUELLA, Chief Judge, ALDRICH, Senior Circuit Judge, and BOUDIN, Circuit Judge.

ALDRICH, Senior Circuit Judge.

The F/V DRAKE, dragging for scallops on February 28, 1995, "hung" her dredge on the bottom. She was unable to free by maneuvering, and ended up with the wire at 90 degrees (downward), her stern quarter into the wind, and seas splashing into the lazarettes, the hatch covers having come off, and the crew unable to replace them. The hydraulic winch jammed, and, because of the rain and weather, the crew could not light a torch to cut the...

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