Legal Opinion

In re the Complaint of Myers

District Court, W.D. New York

Decided October 2, 1989No. CIV-89-519TPublishedCited by 4 opinions

1Opinion of the Court

DECISION and ORDER

TELESCA, Chief Judge.

INTRODUCTION

This action arises out of a collision of two pleasure boats on Lake Ontario. Plaintiff seeks to limit his liability for damages resulting from that collision pursuant to 46 U.S.C.App. § 183 (“Section 183” or the “Act”). Section 183 provides limitation of and/or exoneration from liability to the owner of a ship under certain circumstances.

Claimant Paul Lechner was given notice of the complaint pursuant to Rule F of the Supplemental Rules for Certain Admiralty and Maritime Claims, and now moves for summary judgment, stating that § 183 does not…

2Cases cited25 opinions

  1. Patterson v. McLean Credit UnionSupreme Court of the United States · 1989
  2. Welch v. Texas Department of Highways & Public TransportationSupreme Court of the United States · 1987
  3. Webster v. FallSupreme Court of the United States · 1925
  4. Arizona v. RumseySupreme Court of the United States · 1984
  5. Just v. ChambersSupreme Court of the United States · 1941

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3Cited by4 opinions

  1. In the Matter of Michael Guglielmo for Exoneration From or Limitation of Liability. Jeanne M. Kroemer, Claimant-Appellant v. Michael GuglielmoCourt of Appeals for the Second Circuit · 1990
  2. Complaint of RoffeDistrict Court, D. Puerto Rico · 1989
  3. Greenley v. MeersmanDistrict Court, C.D. Illinois · 1993
  4. Moeller v. MulveyDistrict Court, D. Minnesota · 1996

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