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POULIS-MINOTT v. SMITH

No. 03-2601.

388 F.3d 354 (2004)

Kathy POULIS-MINOTT, as personal representative of the Estate of Carlyle Minott, Plaintiff, Appellant, v. David W. SMITH, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 28, 2004.

Attorney(s) appearing for the Case

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

Mark E. Dunlap, with whom Norman Hanson & DeTroy, LLC, was on brief, for appellee.

Before TORRUELLA, DYK, and HOWARD, Circuit Judges.

TORRUELLA, Circuit Judge.

On October 23, 2000, Captain Carlyle Poulis-Minott took the forty-four foot fishing vessel, the F/V KATINA ASHLEY (the "Vessel"), out on a solo fishing trip and never returned. On October 24, 2000, the Coast Guard received a distress call from the Vessel's Emergency Position Indicating Radio Beacon ("EPIRB").1 The Vessel and its life raft were never found, and no one knows exactly what happened to the Vessel or...

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