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BROPHY v. LAVIGNE

No. 85-1670.

801 F.2d 521 (1986)

In the Matter of the Complaint of John L. BROPHY, as Owner of the OIL SCREW CHICA, for Exoneration from or Limitation of Liability, Plaintiff, Appellee, v. Paul K. LAVIGNE, Normand Danis, and Deborah Gregoire, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided September 22, 1986.

Attorney(s) appearing for the Case

Adrienne Durst, Cambridge, Mass., with whom Nathan Greenberg, Boston, Mass., was on brief, for appellant Paul K. Lavigne.

Roderick H. Potter with whom Potter & Jamieson, Saco, Me., was on brief, for appellants Normand Danis and Deborah Gregoire.

Martin R. Johnson with whom Donna J. Katsiaficas and Lang, Johnson, Bowie & Boutin, Portland, Me., were on brief, for appellee.

Before COFFIN and TORRUELLA, Circuit Judges, and MALETZ, Senior Judge.

TORRUELLA, Circuit Judge.

"We're going over, now!" Thus ended a brief distress call on the night of February 1, 1982 from the master of the fishing vessel CHICA to the Coast Guard, and shortly thereafter, his life and that of his two crewmen.

The CHICA was a thirty-six foot, fiberglass, single oil screw fishing vessel, owned by appellee Brophy, a resident of the Panama Canal Zone, but was leased to appellee DelTorto.

On the morning of the vessel's...

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