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SOUTHERNMOST NARINE SERVICES, INC. v. M/V POTENTIAL

No. 02-10022-CIV-KING.

250 F.Supp.2d 1367 (2003)

SOUTHERNMOST MARINE SERVICES, INC., a Florida corporation, d/b/a Sea Tow Key West, Key West Harbor Service, Inc., a Florida corporation, and Denhart Marine Consultants, Inc., a Florida corporation, Plaintiffs, v. ONE (1) 2000 FIFTY FOUR FOOT (54) SEA RAY named M/V "POTENTIAL," her engines, tender, tackle, equipment, furnishings, and appurtenances, in rem, and Jeffrey Keierleber, her owner, and Northern Insurance Company of New York, her Insurer, in personam, Defendants.

United States District Court, S.D. Florida.

March 13, 2003.

Attorney(s) appearing for the Case

James Perry, II, Miami, FL, for Plaintiff.

Christopher Fertig, Ft Lauderdale, FL, for Defendant.

MEMORANDUM OPINION CONTAIING FINDINGS OF FACT AND CONCLUSIONS OF LAW

JAMES LAWRENCE KING, Senior District Judge.

In predawn darkness, the M/V "Potential" cast off its moorings and glided away from the marina dock on its last voyage. After proceeding out of Key West Harbor, with its owner at the helm, it crashed into a rock jetty while underway at 18 knots sustaining severe damage to its haul. It commenced to sink, rapidly filling with sea water, oil...

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