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Admiralty Law Keyed to Maraist
Flagship Marine Services, Inc. v. Belcher Towing Co.
Citation:
966 F.2d 602, 1992 AMC 2901 (1992)Facts
On July 17, 1989, around 3:00 a.m., the tug E.N. Belcher, Jr. struck a submerged object while pushing two empty barges through the Okeechobee waterway. The tug began taking on water rapidly, and Captain Diamond notified the Coast Guard. The captain maneuvered the barges into the shallows of Big Shell Island, securing them among mangrove trees, then intentionally ran the tug aground to prevent sinking. The Coast Guard, local fire departments, and police responded with pumps and assistance. Sea Tow arrived at approximately 4:15 a.m. with three vessels and additional pumps. Before allowing Sea Tow to begin work, Captain Diamond asked about the cost. Sea Tow’s representative, Captain Robinson, responded, “We’ll worry about it later,” after which Diamond authorized Sea Tow to do whatever was necessary to save the tug. Sea Tow had previously performed salvage work for Belcher on a flat running rate basis. Sea Tow’s services included manning pumps, retrieving drifting barges, placing a temporary patch over the hull breach, deploying oil booms, and arranging for professional divers to place a more permanent patch.
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