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Admiralty Law Keyed to Maraist
McCormick v. United States
Citation:
680 F.2d 345 (1982)Facts
On August 22, 1976, at approximately 4:30 a.m., James E. McCormick and a friend were traversing the waters of Choctawhatchee Bay in Florida in a small pleasure boat owned and operated by McCormick. Their boat struck an unmarked piling near the outer end of a pier extending from the United States Army’s Fort Rucker Recreational Area into the Bay. The plaintiffs alleged that the piling was unlawfully placed and improperly constructed by the Army, creating a hazard for navigation. The McCormicks submitted administrative claims to the Department of the Army in January and July 1978, which were denied in September 1978 because the two-year period for administrative settlement had expired. The plaintiffs then filed suit in federal court on November 6, 1978, more than two years after the accident.
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