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KINSELLA v. WYMAN CHARTER CORP.

Nos. CIV.A. 04-11615NMG, CIV.A. 05-10232NMG.

417 F.Supp.2d 159 (2006)

Joesph A. KINSELLA, As Administrator and Personal Representative of the Estate of Katherine Kinsella, and Joseph A. Kinsella, Individually, and on Behalf of All Distributees of Katherine Kinsella, Deceased, Plaintiffs, v. WYMAN CHARTER CORP., et al., Defendants. Joesph A. Kinsella, As Administrator and Personal Representative of the Estate of Katherine Kinsella, and Joseph A. Kinsella, Individually, and on Behalf of All Distributees of Katherine Kinsella, Deceased, Plaintiffs, v. Insurance Company of North America, et al., Defendants.

United States District Court, D. Massachusetts.

February 2, 2006.

Attorney(s) appearing for the Case

Paul G. Boylan, Kevin G. Kenneally, Donovan & Hatem, LLP, Boston, MA, for Toad Hall Corp., Carylyn Shore, Joseph Jay Shore, Mitchell Cord Shore, Defendants.

Andrew V. Buchsbaum, Friedman and James LLP, New York, NY, Sarah B. Herlihy, Mintz, Levin, Cohn, Ferris, Glovsky & Popeo, PC, Boston, MA, for Joseph A. Kinsella, Plaintiff.

Gary D. Centola, Frank A. Valverde, Rivkin Radler, LLp, Uniondale, NY, for Fireman's Fund Insurance Company, Interested Party.

Thomas E. Clinton, Robert E. Collins, Clinton & Muzyka, Boston, MA, for Michael P. Wyman, Defendant.

David D. Dowd, Curley & Curley, Boston, MA, for Insurance Company of North America, Interested Party.

Patrick O. McAleer, Bertram E. Snyder, Looney & Grossman, Boston, MA, for Wyman Charter Corp., Cross Claimant.

MEMORANDUM & ORDER

GORTON, District Judge.

Pending before the Court in these consolidated actions are dispositive motions in which various parties dispute standing and the underlying merits of declaratory judgment claims.

I. Factual Background

On or about July 22, 2001, plaintiff's decedent, Katherine Kinsella, a citizen of Ireland, was a passenger on board the motor vessel "Sea Genie II". On that date, the Sea Genie...

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