PICKLE v. CHAR LEE SEAFOOD, INC.

No. 98-2071.

174 F.3d 444 (1999)

Barbara PICKLE, Administrator for the Estate of Roy L. Pickle, deceased, on behalf of the Estate of Roy L. Pickle, and on behalf of Barbara Pickle and Joshua Pickle, beneficiaries of the Estate of Roy L. Pickle; Joshua Pickle, individually and as beneficiary of the Estate of Roy L. Pickle; Victor Lee Pickle, individually and as beneficiary of the Estate of Roy L. Pickle; Alexander Lloyd Pickle, individually and as beneficiary of the Estate of Roy L. Pickle; Suzanne E. Williams, Administrator for the Estate of Jonathan Mason Williams, Jr., deceased, on behalf of the Estate of Jonathan Mason Williams, Jr., and on behalf of John M. Williams, III, Ronald L. Williams, Wayne E. Williams, and Suzanne E. Williams, beneficiaries of the Estate of Jonathan Mason Williams, Jr.; John M. Williams, III, Beneficiary of the Estate of Jonathan M. Williams, Jr.; Ronald L. Williams, Beneficiary of the Estate of Jonathan M. Williams, Jr.; Wayne E. Williams, Beneficiary of the Estate of Jonathan M. Williams, Jr., Plaintiffs— Appellees, v. CHAR LEE SEAFOOD, INCORPORATED, In the matter of the complaint of Char Lee Seafood, Incorporated as owner of the F/V Char-Lee II, and Thomas Leroy Bailey and Charlotte Bailey, individually and as owners of the F/V Char-Lee II, for exoneration from or limitation of liability; Thomas Leroy Bailey, Individually and as owner of the F/V Char-Lee II; Charlotte Bailey, Individually and as owner of the F/V Char-Lee II, Defendants —Appellants.

United States Court of Appeals, Fourth Circuit.

Decided April 19, 1999.


Attorney(s) appearing for the Case

ARGUED: Robert Allen Jenkins, Peachtree City, Georgia, for Appellants. Robert John McAfee, McCotter & McAfee, P.L.L.C., New Bern, North Carolina, for Appellees. ON BRIEF: James M. Walen, K. Lee McEniry, Walen & McEniry, P.A., Fayetteville, North Carolina, for Appellants. Charles Kennedy McCotter, Jr., McCotter & McAfee, P.L.L.C., New Bern, North Carolina, for Appellees.

Before NIEMEYER and WILLIAMS, Circuit Judges, and SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation.


Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS and Judge SMITH joined.

NIEMEYER, Circuit Judge:

This consolidated admiralty case presents questions about the proper court management of three constituent maritime actions, two actions filed by the families of fishing boat crewmen who were lost at sea and one limitation-of-liability action filed by the boat's owner with respect to the other two actions. The...

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