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VULCAN MATERIALS CO. v. MASSIAH

No. 10-1041.

645 F.3d 249 (2011)

In the Matter of the Complaint of VULCAN MATERIALS COMPANY, owner of the Tug William E. Polle, for exoneration from or limitation of liability, Plaintiff-Appellant, v. Cassita MASSIAH, Executor of the estate of Freddie N. Porter, Jr., deceased, Claimant-Appellee, v. United States of America, Third Party Defendant-Appellee. American Waterways Operators, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 6, 2011.

Attorney(s) appearing for the Case

ARGUED: John Early Holloway , Troutman Sanders, LLP, Norfolk, Virginia, for Appellant. Michael P. Abate , United States Department of Justice, Washington, D.C.; Daniel O. Rose , Kreindler & Kreindler, New York, New York, for Appellees. ON BRIEF: Dawn Lee Serafine , Troutman Sanders, LLP, Norfolk, Virginia, for Appellant. Tony West , Assistant Attorney General, Thomas M. Bondy , United States Department of Justice, Washington, D.C., Neil MacBride , United States Attorney, Alexandria, Virginia, for the United States. Megan Wolfe Benett , Steven R. Pounian , Kreindler & Kreindler, New York, New York; Michael F. Imprevento , Breit Drescher & Imprevento, PC, Norfolk, Virginia, for Appellee Cassita Massiah. , Robert W. McFarland , R. Trent Taylor , McGuirewoods LLP, Norfolk, Virginia, for Amicus Supporting Appellant.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge WILKINSON and Judge SHEDD joined.

OPINION

DUNCAN, Circuit Judge:

This appeal arises out of the death of Seaman Freddie N. Porter, Jr. ("Porter"), who was killed during a Navy training exercise when his rigid-hull inflatable boat ("RHIB") collided with the WILLIAM E. POOLE1 tug as it was pushing an eight-barge flotilla up the James River. Claimant-Appellee Cassita Massiah ("Massiah"), as personal representative for her son Porter's estate, brought a wrongful death...

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