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INDEMNITY INS. CO. OF NORTH AMERICA v. U.S.

No. 08-2148.

569 F.3d 175 (2009)

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA; Continental Insurance Company; Baltimore Harbor Shuttle, LLC, d/b/a Seaport Taxi; National Historic Seaport of Baltimore, Incorporated; Living Classrooms Foundation, Incorporated, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 25, 2009.

Attorney(s) appearing for the Case

ARGUED: Robert Hopkins, Duane Morris, LLP, Baltimore, Maryland, for Appellants. Stephen Robert Campbell, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Susan M. Euteneuer, Duane Morris, LLP, Baltimore, Maryland; George R. Zacharkow, Faust Mattioni, Mattioni, Ltd., Philadelphia, Pennsylvania, for Appellants. Michael F. Hertz, Acting Assistant Attorney General, United States Department of Justice, Washington, D.C., Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, Robert E. Kelly, United States Department of Justice, Torts Branch, Civil Division, Washington, D.C., for Appellee.

Affirmed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge DUNCAN and Senior Judge HOWARD joined.

OPINION

HAMILTON, Senior Circuit Judge:

The present civil action stems from the capsizing in the Baltimore Harbor of a double-pontoon vessel called the "Lady D," resulting in the death of five persons thrown overboard and numerous injuries to others on board (the Accident). Prior to the Accident, the United States Coast Guard (the Coast Guard) had certified the Lady D to carry no more than twenty-five persons, based upon the results of a stability proof...

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