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Lee v. Astoria Generating Co.

Certiorari Denied

Petition for certiorari denied on October 4, 2010.

Docket No.09-1567

Issue

1) Whether the lower court misapplied Stewart v. Dutra Construction Co., 543 U.S. 481 (2005), to find that a floating power plant constituted a "vessel in navigation"; and 2) whether the lower court erred by finding that petitioner's proposed state-law tort claims were within the maritime jurisdiction and by dismissing said claims on the basis that they were preempted by Section 905(b) of the Longshore and Harborworker Compensation Act.

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