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DELUCA v. MYSTIC RIVER MARINA, INC.

Civil No. 3:97CV362(PCD).

976 F.Supp. 127 (1997)

Kathleen DELUCA, Plaintiff v. MYSTIC RIVER MARINA, INC., Fleet Bank, N.A. and M/V "Happy Hours" O.N. 563720, her engines, tackle, apparel, etc. Defendants.

United States District Court, D. Connecticut.

October 1, 1997.

Attorney(s) appearing for the Case

David M. Bohonnon, New Haven, CT, for Plaintiff.

Michael E. Unger, Walker & Corsa, Stamford, CT, for Mystic Rivera Marina, Inc.

Michael J. Auger, Cohen, Auger, Burns & Hard, Hartford, CT, for Fleet Bank, N.A.

RULING ON MOTION TO DISMISS

DORSEY, Chief Judge.

Defendant Mystic River Marina, Inc. ("defendant") moves to dismiss pursuant to Fed. R.Civ.P. 12(b)(1). For the reasons below, defendant's motion is denied.

I. BACKGROUND

Plaintiff's vessel "Happy Hours" was subject to a preferred mortgage. Plaintiff claims that her vessel was improperly sold pursuant to C.G.S. §§ 49-55. Plaintiff argues that the sale was improper because...

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