LADY v. NEAL GLASER MARINE, INC.

No. 99-60382.

228 F.3d 598 (2000)

Steven G. LADY, Plaintiff-Appellant, v. NEAL GLASER MARINE, INC.; et al., Defendants, Outboard Marine Corporation, Doing Business As OMC, Inc., doing business as OMCCC, doing business as Chris Craft, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 26, 2000.


Attorney(s) appearing for the Case

Leslie A. Brueckner (argued), Trial Lawyers for Public Justice, Washington, DC, Carter O. Bise, Logan & Bise, Gulfport, MS, for Plaintiff-Appellant.

Robert H. Klonoff (argued), Gregory Andrew Castanias, Jones, Day, Reavis & Pogue, Washington, DC, Richard A. Chesley, Jones, Day, Reavis & Pogue, Chicago, IL, James Hinkle Heidelberg, Colingo, Williams, Heidelberg, Steinberger & McElhaney, Pascagoula, MS, for Defendant-Appellee.

Before KING, Chief Judge, and GARWOOD and DeMOSS, Circuit Judges.


GARWOOD, Circuit Judge:

Plaintiff-appellant Steven G. Lady (Lady) filed this suit in Mississippi state court against defendant-appellee Outboard Marine Corporation (OMC), seeking recovery for losses he sustained in a boating accident. OMC removed the case to federal court on the basis of diversity jurisdiction. Following removal, OMC filed a motion for summary judgment, arguing that the Federal Boat Safety Act, 46 U.S.C. §§ 4301-4311 (FBSA), and Coast Guard...

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