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LINCOLN v. REKSTEN MANAGEMENT

No. 99-1681.

354 F.3d 262 (2003)

William LINCOLN, Jr., Plaintiff-Appellant, v. REKSTEN MANAGEMENT, Defendant-Appellee, and New Orleans Cold Storage; Green Tundra, her engines, appurtenances, cargo, apparel, electronics, etc., in rem, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: December 29, 2003.

Attorney(s) appearing for the Case

ARGUED: Edward Paul Gibson, Riesen Law Firm, L.L.P., North Charleston, South Carolina, for Appellant. Gordon D. Schreck, Buist, Moore, Smythe & McGee, P.A., Charleston, South Carolina, for Appellee. ON BRIEF: Allison A. Stover, Riesen Law Firm, L.L.P., North Charleston, South Carolina, for Appellant. Julius H. Hines, Buist, Moore, Smythe & McGee, P.A., Charleston, South Carolina, for Appellee.

Before WIDENER and KING, Circuit Judges, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed in part, vacated in part, and remanded with instructions by published opinion. Judge WIDENER wrote the opinion, in which Judge KING and Senior Judge MICHAEL joined.

OPINION

WIDENER, Circuit Judge:

Plaintiff, William Lincoln, appeals the district court's opinion and order granting summary judgment to the defendant, Reksten Management A.S. (Reksten). Lincoln v. Reksten Management, A.S., No. 2:98-0490-23 (D.S.C. Apr.14, 1999). Lincoln...

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