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REED & REED, INC. v. WEEKS MARINE, INC.

Nos. 04-2365, 04-2366.

431 F.3d 384 (2005)

REED & REED, INC.; St. Paul Fire and Marine Insurance Company, Plaintiffs, Appellees/Cross-Appellants, v. WEEKS MARINE, INC., Defendant, Appellant/Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided December 19, 2005.

Attorney(s) appearing for the Case

Leonard W. Langer with whom Marshall J. Tinkle and Tompkins, Clough, Hirshon & Langer, P.A. were on brief for defendant.

David J. Perkins with whom Perkins Olson, P.A. was on brief for plaintiffs.

Before BOUDIN, Chief Judge, TORRUELLA and DYK, Circuit Judges.

BOUDIN, Chief Judge.

During a construction project, a barge owned by one project subcontractor, Weeks Marine, Inc. ("Weeks"), collided with underwater railways located on the property of another project subcontractor, Reed & Reed, Inc. ("Reed"). The ultimate question on this appeal is whether a damage claim against Weeks by Reed and its insurer is barred by a so-called waiver-of-subrogation provision embedded in the complex contractual scheme governing the project...

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