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AMERICAN TEL. & TEL. CO. v. M/V CAPE FEAR

Civ. A. No. 89-3438 (JHR).

763 F.Supp. 97 (1991)

AMERICAN TELEPHONE & TELEGRAPH CO., et al. Plaintiffs, v. M/V CAPE FEAR and M/V LITTLE GULL, their engines, boilers, fishing gear, etc. In Rem, and American Original, Inc., Little Gull, Inc., and Gifford Marine, Inc., Defendants. In the Matter of the Complaint of GIFFORD MARINE INC. as Owner of the F/V CAPE FEAR, Petitioner, For Exoneration from or Limitation of Liability. In the Matter of the Complaint of GIFFORD MARINE INC. as Owner of the F/V LITTLE GULL, Petitioner, For Exoneration from or Limitation of Liability.

United States District Court, D. New Jersey.

May 1, 1991.

Attorney(s) appearing for the Case

Hill, Rivkins, Loesberg, O'Brien, Mulroy & Hayden by Douglas R. Burnett, Anthony J. Pruzinsky and Frances C. Peters, Newark, N.J., for plaintiffs/claimants.

Krusen, Evans and Byrne by Peter H. Bach and Mary Elisa Reeves, Collingswood, N.J. for defendants/petitioner.

OPINION

RODRIGUEZ, District Judge:

Presently before the Court is a motion by the plaintiffs/claimants for a judgment on the pleadings, pursuant to Fed.R.Civ.P. 12(c), on the issue of the validity of the defendants'/petitioner's affirmative defense based on the Limitation of Liability Act, 46 U.S.C.A. §§ 181-89 (West 1958 & Supp.1990). In the alternative, plaintiffs/claimants request dismissal of...

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