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CARR v. PMS FISHING CORP.

No. 99-1088.

191 F.3d 1 (1999)

Patrick J. CARR, Plaintiff, Appellant, v. PMS FISHING CORPORATION and F/V Jane and Ursula, Her Gear, Tackle, and Appurtenances, etc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 30, 1999.

Attorney(s) appearing for the Case

Joseph G. Abromovitz, with whom George F. Leahy, Marsha A. Morello, and Abromovitz & Leahy, P.C. were on brief, for appellant.

Brian B. Kydd, with whom Paul Antinori and Kneeland & Kydd were on brief, for appellees.

Before SELYA, Circuit Judge, CYR, Senior Circuit Judge, and LIPEZ, Circuit Judge.

SELYA, Circuit Judge.

Like Venus, this appeal arises full-grown from the sea. In the underlying case, a shipowner, PMS Fishing Corporation (PMS), responded to the sinking of its vessel and an injured seaman's ensuing suit by invoking the Limitation of Liability Act, 46 U.S.C. app. §§ 181-196 (Supp. 1999). The district court granted PMS the protection it sought. The seaman appeals, averring that the trial judge misconstrued the burden of proof applicable...

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