THAMES SHIPYARD AND REPAIR CO. v. U.S.

Nos. 02-1619, 02-1620.

350 F.3d 247 (2003)

THAMES SHIPYARD AND REPAIR COMPANY, Plaintiff in Cross Claim, Appellant, v. UNITED STATES, Defendant, Appellee. Northern Voyager Limited Partnership; OneBeacon America Insurance Company f/k/a/ Commercial Union Insurance Company, Plaintiffs, Appellants, v. United States, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 26, 2003.

Rehearing and Suggestion for Rehearing Denied January 27, 2004.


Attorney(s) appearing for the Case

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

Michael J. Rauworth, with whom Cetrulo & Capone LLP were on brief, for appellants Northern Voyager Limited Partnership and OneBeacon America Insurance Company f/k/a Commercial Union Insurance Company.

Stephen F. White, with whom Wright, Constable & Skeen LLP was on brief, for amicus curiae C-Port, Incorporated.

Peter F. Frost, Trial Attorney, Civil Division, with whom Robert D. McCallum, Jr., Assistant Attorney General, Donald Michael J. Sullivan, United States Attorney, and Peter Levitt, Assistant United States Attorney, were on brief, for appellee.

Before TORRUELLA, Circuit Judge, CAMPBELL and STAHL, Senior Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied January 27, 2004.

CAMPBELL, Senior Circuit Judge.

Plaintiffs-appellants Northern Voyager Limited Partnership ("Northern Voyager") and OneBeacon America Insurance Company, along with cross claim plaintiff-appellant Thames Shipyard and Repair Company ("Thames Shipyard") appeal from the district court's award of summary judgment in favor of defendant-appellee United States in an action related to the 1997...

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