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CAPE FEAR, INC. v. MARTIN

No. 02-1153.

312 F.3d 496 (2002)

CAPE FEAR, INC., Petitioner, Appellant, v. Dennis A. MARTIN and Susan Allen, Claimants, Appellees. James E. Haley and Joseph Lemieux, Claimants.

United States Court of Appeals, First Circuit.

Decided November 1, 2002.

Attorney(s) appearing for the Case

Thomas J. Muzyka with whom Robert E. Collins and Clinton & Muzyka, P.C. were on brief for appellant.

Carolyn M. Latti with whom David F. Anderson, David J. Berg, and Latti & Anderson LLP were on brief for appellees.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and HOWARD, Circuit Judge.

COFFIN, Senior Circuit Judge.

This case arises from the sinking of a clamming vessel off the coast of New Bedford, Massachusetts, causing the deaths of two crew members. Appellant, the vessel's owner,1 filed a petition in admiralty seeking exoneration or limitation of liability under the Limitation of Liability Act ("the Limitation Act"), 46 U.S.C. app. §§ 181-196. The district court rejected the petition and found that the vessel...

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