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ZEREGA AVE. REALTY v. HORNBECK OFFSHORE TRANSP.

Docket No. 08-0639-cv.

571 F.3d 206 (2009)

ZEREGA AVENUE REALTY CORP. and Fred Todino & Sons, Inc., Plaintiffs-Counter-Defendants-Appellees, v. HORNBECK OFFSHORE TRANSPORTATION, LLC, Defendant-Counter-Claimant-Cross-Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: July 6, 2009.

Attorney(s) appearing for the Case

Joseph T. Stearns, New York, N.Y. (Gino A. Zonghetti, Kenny, Stearns & Zonghetti LLC, New York, N.Y., on the brief), for Defendant-Appellant.

Alex Spizz, New York, N.Y. (Scott A. Markowitz, Todtman Nachamie Spizz & Johns, P.C., New York, N.Y., on the brief), for Plaintiffs-Appellees.

Before FEINBERG, NEWMAN, and KATZMANN, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal primarily concerns the proper application of the presumption of fault, applicable in maritime law, known as the "Oregon rule." See The Oregon, 158 U.S. 186, 15 S.Ct. 804, 39 L.Ed. 943 (1895). Defendant-Appellant Hornbeck Offshore Transportation, LLC ("Hornbeck") appeals from the January 8, 2008, judgment of the District Court (Kevin N...

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