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NORTHERN INS. CO. OF N.Y. v. POINT JUDITH MARINA

Nos. 08-2156, 08-2246.

579 F.3d 61 (2009)

NORTHERN INSURANCE COMPANY OF NEW YORK; Nicholas Picchione, Plaintiffs-Appellants/Cross-Appellees, v. POINT JUDITH MARINA, LLC, Defendant-Appellee/Cross-Appellant, Albin Manufacturing, Inc., Standish Boatyard, Inc., Defendants.

United States Court of Appeals, First Circuit.

Decided August 27, 2009.

Attorney(s) appearing for the Case

Frederick A. Lovejoy, with whom Lovejoy & Associates, was on brief for appellants/cross-appellees.

Michael J. Rauworth, with whom Carl E. Fumarola and Cetrulo & Capone LLP, were on brief for appellee/cross-appellant.

Before LYNCH, Chief Judge, TORRUELLA, Circuit Judge, and EBEL, Senior Circuit Judge.

TORRUELLA, Circuit Judge.

After a bench trial, the district court entered judgment for defendant Point Judith Marina ("PJM") on claims for damages by plaintiff Nicholas Picchione and subrogee-plaintiff Northern Insurance Company of New York ("Northern"). The claims arose as a result of the sudden sinking of a recreational boat ("Eveready") owned by Northern's insured, Picchione. The district court also rejected PJM's counterclaim against Picchione for attorney's fees...

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