MURPHY v. FLORIDA KEYS ELEC. CO-OP. ASS'N, INC.

No. 02-11574.

329 F.3d 1311 (2003)

Terry P. MURPHY, Steven A. Murphy, as co-personal representatives of the Estate of Brendan M. Murphy, and as parents and natural guardians of Steven A. Murphy, Jr., a minor, Plaintiffs, v. FLORIDA KEYS ELECTRIC COOPERATIVE ASSOCIATION, INC., Defendant-Third-Party-Plaintiff-Counter-Defendant-Appellant, v. Raymond Ashman, III, Individually and as parent and natural guardian, of Raymond Ashman, IV, a minor child, Third-Party-Defendant-Counter-Claimant-Appellee, Steven A. Murphy, Sr., et al., Third-Party-Defendants.

United States Court of Appeals, Eleventh Circuit.

May 9, 2003.


Attorney(s) appearing for the Case

David P. Karcher, Underwood, Karcher & Karcher, P.A., Miami, FL, Michael John McHale, Jensen Beach, FL, Robert E. Geisler, Peterson, Bernard, Vandenberg, Zei, Geisler & Martin, West Palm Beach, FL, for Florida Keys Elec. Co-op. Ass'n, Inc.

Joel D. Eaton, Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., for Ashman.

Before BIRCH, CARNES and BRUNETTI, Circuit Judges.


CARNES, Circuit Judge:

The issue in this appeal is whether the defendant in an admiralty tort1 action who settles with the plaintiff without obtaining a release from liability for other potential defendants can then be entitled to contribution from them toward the amount it paid to settle its own liability. Putting the Supreme Court's decision in McDermott, Inc. v. AmClyde,

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