Legal Opinion

Thomas Cusanelli v. Leonard Klaver, and Perko Manufacturing Corp., Perkins Marine Lamp & Hardware Corp., and Perko, Inc.

Court of Appeals for the Second Circuit

Decided January 4, 1983No. 457, Docket 82-6179PublishedCited by 13 opinions

1Opinion of the Court

TIMBERS, Circuit Judge:

On this appeal from a judgment entered in the Eastern District of New York, Thomas C. Platt, Jr., District Judge, 542 F.Supp. 677, dismissing this maritime complaint against Leonard Klaver (and the United States), the essential question is whether the EL MAR II (El Mar), a grounded vessel whose skipper was a member of the Coast Guard Auxiliary (Auxiliary), was a “public vessel” within the meaning of 14 U.S.C. § 827 (1976) 1 at the time a commissioned Coast Guard cutter, the CG 413-49, attempted to refloat the grounded El Mar. More specifically, the key issue is whether…

2Cases cited6 opinions

  1. Feres v. United StatesSupreme Court of the United States · 1950
  2. National Labor Relations Board v. Hendricks County Rural Electric Membership Corp.Supreme Court of the United States · 1981
  3. Beaucoudray v. United StatesCourt of Appeals for the Fifth Circuit · 1974
  4. Charland v. United StatesCourt of Appeals for the Ninth Circuit · 1980
  5. Jacob Dick v. United StatesCourt of Appeals for the Second Circuit · 1982

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Blakey v. U.S.S. IowaCourt of Appeals for the Fourth Circuit · 1993
  2. Hillier v. Southern Towing Co.Court of Appeals for the Seventh Circuit · 1983
  3. In Re Joint Eastern & Southern Districts Asbestos LitigationDistrict Court, S.D. New York · 1992
  4. John Potts v. United StatesCourt of Appeals for the Sixth Circuit · 1983
  5. Vulcan Materials Co. v. MassiahCourt of Appeals for the Fourth Circuit · 2011

8 more not listed; retrieve them via the Exa API.

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