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SAILOR INC. F/V v. CITY OF ROCKLAND

No. CIV.03-261-P-H.

324 F.Supp.2d 197 (2004)

SAILOR INCORPORATED F/V, Plaintiff v. CITY OF ROCKLAND, Defendant

United States District Court, D. Maine.

June 16, 2004.

Attorney(s) appearing for the Case

Clayton N. Howard, Howard & Bowie, Damariscotta, Me, for Sailor Incorporated F/V, Plaintiff.

William H. Welte, Welte & Welte, P.A., Camden, ME, for City Of Rockland, Defendant.

ORDER ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT

HORNBY, District Judge.

The plaintiff's fishing vessel sank while it was docked at the defendant's pier, allegedly due to the defendant's fault. The defendant seeks summary judgment on damages, limiting any recovery to the vessel's fair market value immediately before it sank. Under the applicable rule of maritime law, if the cost of repairing a vessel exceeds the vessel's pre-casualty fair market...

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