United States First Circuit

In an action relating to the sinking of a ship, summary judgment to defendant is affirmed where the Coast Guard's decision to forcibly evacuate the crew is protected by the discretionary function exception, but is remanded as to plaintiffs' claim that Coast Guard interference with communications resulted in the sinking of the ship.

Appellate Information

• Decided 11/26/2003
• Published 11/26/2003

Judges

• CAMPBELL, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, CAMPBELL and STAHL, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas J. Muzyka, with whom Robert E. Collins and Clinton & Muzyka, P.C. were on brief, for appellant Thames Shipyard and Repair Company., Michael J. Rauworth, with whom Cetrulo & Capone LLP were on brief, for appellants Northern Voyager Limited Partnership and OneBeacon America Insurance Company f/k/a Commercial Union Insurance Company., Stephen F. White, with whom Wright, Constable & Skeen LLP was on brief, for amicus curiae C-Port, Incorporated.


• For Appellees:
  
• Peter F. Frost, Trial Attorney, Civil Division, with whom Robert D. McCallum, Jr., Assistant Attorney General, Michael J. Sullivan, United States Attorney, and Peter Levitt, Assistant United States Attorney, were on brief, for appellee.