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DUNN v. SOUTHERN CHARTERS, INC.

Nos. 78 C 298, 78 C 427, 78 C 819 and 79 C 1371.

539 F.Supp. 661 (1982)

Martin DUNN, John Lynch, Robert Moll, Lyvia Y. Moll, Emanuel Lorras, and Irene McDermott, Individually and as Administratrix of the Estate of John J. McDermott, Deceased, Plaintiffs, v. SOUTHERN CHARTERS, INC., Norman Stern, Fairwind Yacht, Inc., William Farr, Marine Trading International, a division of Miller Yacht Sales, Inc., North Fork Shipyards, Inc., Defendants.

United States District Court, E. D. New York.

May 27, 1982.

Attorney(s) appearing for the Case

Brendan J. Stynes, Garden City, N. Y., for plaintiffs Martin Dunn and John Lynch.

Sidney Wolen, New York City, for plaintiff Irene McDermott.

Lazarowitz & Manganillo by Carlo Manganillo, Brooklyn, N. Y., for plaintiffs Robert Moll, Lyvia Y. Moll and Emanuel Lorras.

Hill, Betts & Nash by Robert S. Blanc and Lionell R. Saporta, New York City, for defendant Southern Charters, Inc.

Crowe, McCoy, Agoglia, Fogarty & Zweibel by Harold V. McCoy, Mineola, N. Y., for defendant North Fork Shipyards, Inc.

Vincent, Berg, Russo, Marcigliana & Zawack by Michael N. Cotignola, New York City, for defendant Miller Yacht Sales, Inc.

Philip J. Ofrias, Riverhead, N. Y., for defendant Fairwind Yacht, Inc.

MEMORANDUM OF DECISION AND ORDER

NEAHER, District Judge.

These consolidated actions for injuries and a wrongful death arise from the accidental burning of a chartered yacht, the "Second Wind," while anchored off the coast of Rhode Island. Jurisdiction is grounded upon 28 U.S.C. § 1333, and the issue of liability was tried by the court without a jury. The facts and legal discussion below constitute the court's findings and conclusions, Rule 52(a), F...

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