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NORTHERN VOYAGER PARTNERSHIP v. THAMES SHIPYARD

Civil Action No. 99-12243-RWZ.

214 F.Supp.2d 47 (2002)

NORTHERN VOYAGER LIMITED PARTNERSHIP, and Commercial Union Insurance Company v. THAMES SHIPYARD AND REPAIR COMPANY, and the United States of America

United States District Court, D. Massachusetts.

April 17, 2002.

Attorney(s) appearing for the Case

Michael J. Rauworth, Maura K. McKelvey, Cetrulo & Capone LLP, Boston, MA, for Plaintiffs.

David Farrell, Jr., Connors & Farrell, South Chatham, MA, for Consolidated Plaintiff.

Thomas J. Muzyka, Robert E. Collins, Clinton & Muzyka, Boston, MA, for Defendant Thames Shipyard.

John R. Geraghty, Geraghty Law Firm, Hackensack, NJ, Peter F. Frost, United States Department of Justice, Civil Division, Washington, DC, for Defendant U.S.

MEMORANDUM OF DECISION

ZOBEL, District Judge.

On the morning of November 2, 1997, while approximately two miles off the coast of Gloucester, Massachusetts, the F/V NORTHERN VOYAGER (the "VOYAGER"), a 144 foot fishing boat, began experiencing steering difficulty. Although the weather was clear at the time, a passing storm had left behind swells of approximately seven to eight feet in height. The boat's chief engineer, Gary Tibbo ("Tibbo"), was in the...

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