Aqua-Marine Constructors, Inc., an Oregon Corporation v. Mike Banks, Individually and D/B/A Mike Banks Company, Polaris Insurance Company, Ltd., a Foreign Corporation, Polaris Insurance Company, Ltd., a Foreign Corporation, Counter-Claimant-Cross-Claimant-Third-Party v. Aqua-Marine Constructors, Inc., an Oregon Corporation, Counter-Defendant, and Mike Banks, Individually and D/B/A Mike Banks Company, Cross-Defendants, and Latham Smith, Individually and D/B/A Smith Maritime the Tugboat Elizabeth II Pearcy Marine, Inc., a Colorado Corporation Jim Pearcy, an Individual the Tugboat Garnet Banks the Tugboat John Banks and Barge 242, Third-Party Cross-Defendants

Court of Appeals for the Third Circuit