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In re Complaint of Everett A. Sisson

UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT


March 16, 1989

IN THE MATTER OF: THE COMPLAINT OF EVERETT A. SISSON, AS OWNER OF THE MOTOR YACHT, THE ULTORIAN, FOR EXONERATION FROM OR LIMITATION OF LIABILITY, APPELLANT

Appeals from the United States District Court for the Northern District of Illinois, Eastern Division. No. 86 C 1991, Nicholas J. Bua, Judge.

Before Hon. RICHARD D. CUDAHY, Circuit Judge, Hon. KENNETH F. RIPPLE, Circuit Judge, Hon. MICHAEL S. KANNE, Circuit Judge

Order

On consideration of the Petition for Rehearing with Suggestion for Rehearing En Banc filed by counsel for the plaintiff-appellant in the above-named cause and the response thereto by appellee, no judge in active service has requested a vote thereon and all of the judges on the original panel have voted to deny a rehearing. Accordingly,

IT IS ORDERED that the aforesaid petition for rehearing be, and the same is hereby, DENIED.

RIPPLE, Circuit Judge, concurring. I join in the denial of the petition for rehearing. The matters raised in that petition were examined by the panel during its consideration of the merits, and I do not believe that further examination by the panel would be fruitful.

I have also decided not to call for a vote on the suggestion for rehearing en banc. This circuit sees little in the way of admiralty litigation and here the result, if not the articulated rule of decision, is correct. Before this court revisits the area again, there is every probability that the Supreme Court will have an opportunity to supply further guidance with respect to its decision in Foremost Insurance Co. v. Richardson, 457 U.S. 668 (1982).

19890316

© 1998 VersusLaw Inc.



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