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MATTER OF BUCHANAN MARINE, L.P.

Docket No. 16-1092-cv. August Term 2016.

874 F.3d 356 (2017)

In the MATTER OF the Complaint of BUCHANAN MARINE, L.P., as Bareboat Charterer of The Barge B-252, In the Matter of the Complaint of A.P. Franz, Jr., Trustee, As Owner, Petitioners-Counter-Defendants-Appellees, Tilcon New York, Inc., Claimant-Counter-Claimant-Appellee, v. Wayne Volk, Karen Volk, Claimants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: October 27, 2017.

Attorney(s) appearing for the Case

EDWARD P. FLOOD , LYONS & FLOOD, LLP, New York, New York, for Petitioners-Counter-Defendants-Appellees.

ERIC M. KURTZ , COOK, NETTER, CLOONAN, KURTZ, & MURPHY P.C., Kingston, New York, for Claimant-Counter-Claimant-Appellee.

STEVEN M. MELLEY ( Richard Nardone , on the brief), STEVEN M. MELLEY, P.L.L.C., Rhinebeck, New York, for Claimants-Appellants.

Before: Kearse, Cabranes, AND Chin, Circuit Judges.

In this case, claimant-appellant Wayne Volk worked at a quarried rock processing facility on the Hudson River, inspecting and maintaining barges used to transport rock down the river. In the accident that led to these proceedings, Volk was inspecting a moored barge when he slipped on some loose stone and fell, injuring himself...

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