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| TUNA & Big Game TUNA - Offshore Fishing for Tuna and Other Big Game |
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View Poll Results: What to do?
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Let it go and suck it up as a loss
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13 |
30.95% |
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Call the vessel's owner and demand restitution
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4 |
9.52% |
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File all ness. paperwork with the coast guard, then let it go
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10 |
23.81% |
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File paperwork, call owner, call my Ins co, demand restitution!
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15 |
35.71% |
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10-19-2011, 04:19 PM
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#31
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lobster = striper bait
Join Date: Jul 2002
Location: Popes Island Performing Arts Center
Posts: 5,871
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Quote:
Originally Posted by Mr. Sandman
This goes directly to the earlier post about carrying guns on board.
If your boat starts being pulled...fire a warning shot! You need to get his attn. That is a very dangerous situation.
Hope it all works out for you. The comm guy will ignore you and drag their feet until you give up. Your insurance probably has a deductible > than the loss.
Sounds like you need to institute justice on the spot next time.
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You act like they don't have guns. |
Ski Quicks Hole
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10-19-2011, 04:36 PM
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#32
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Registered User
Join Date: Sep 2001
Posts: 7,649
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That guy would drag your ass underwater and not look back. Once free you can outrun them.
Mossberg with the marinecoat large single slug
Last edited by Mr. Sandman; 10-19-2011 at 04:45 PM..
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10-19-2011, 04:43 PM
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#33
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lobster = striper bait
Join Date: Jul 2002
Location: Popes Island Performing Arts Center
Posts: 5,871
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Quote:
Originally Posted by Mr. Sandman
That guy would drag your ass underwater and not look back. Once free you can outrun them.
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You can't outrun a radio. |
Ski Quicks Hole
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10-19-2011, 04:48 PM
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#34
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Registered User
Join Date: Sep 2001
Posts: 7,649
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Yeah but you are alive....Also,By then you can call the CG and tell them this guy tried to kill you and you were protecting your property and life. He did not respond to the radio. Let the guy who can't speak English and who is probably wasted explain that to the CG
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10-19-2011, 04:51 PM
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#35
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lobster = striper bait
Join Date: Jul 2002
Location: Popes Island Performing Arts Center
Posts: 5,871
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Quote:
Originally Posted by Mr. Sandman
Yeah but you are alive....Also,By then you can call the CG and tell them this guy tried to kill you and you were protecting your property and life. He did not respond to the radio. Let the guy who can't speak English and who is probably wasted explain that to the CG
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And you took a shot at them.
He may get a slap on the wrist, but you're getting arrested at the dock.
The rules say if another vessel doesn't make any effort to avoid a collision, you must make every effort to move. You can't just sit on your hands and hope for the best. |
Ski Quicks Hole
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10-19-2011, 07:02 PM
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#36
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"Fishbucket"
Join Date: Feb 2004
Location: Bahston Hahbah
Posts: 6,588
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Ted u love to play devils advocate. Nobody was sitting on there hands hoping for the best. Just because I didn't make an effort to get out of this guys path doesn't put the blame on me. The rules are very clear. I have the right of way as nuc. I'm anchored, he got too close. Simple as that.
If you slam into the back of a car stopped on the highway your not relieved of blame because the other car didn't make an effort to get out of the way.
7 days left to pay up.
Posted from my iPhone/Mobile device
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10-19-2011, 07:16 PM
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#37
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Also known as OAK
Join Date: Apr 2003
Location: Westlery, RI
Posts: 10,349
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Quote:
Originally Posted by thefishingfreak
TThe rules are very clear. I have the right of way as nuc.
Posted from my iPhone/Mobile device
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Were you displaying red over red or two black balls?
Were you unable to start engines or anchor...
at anchor is NOT a NUC!
"The term "vessel not under command" means a vessel which through some exceptional circumstance is unable to maneuver as required by these Rules and is therefore unable to keep out of the way of another vessel."
"The term "vessel engaged in fishing" means any vessel fishing with nets, lines, trawls, or other fishing apparatus which restrict maneuverability, but does not include a vessel fishing with trolling lines or other fishing apparatus which do not restrict maneuverability."
The guy is in the wrong for grabbing your anchor and dragging you, but make sure you are fighting on the correct grounds... |
Bryan
Originally Posted by #^&#^&#^&#^&#^&#^&#^&#^&#^&#^&#^&
"For once I agree with Spence. UGH. I just hope I don't get the urge to go start buying armani suits to wear in my shop"
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10-19-2011, 08:07 PM
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#38
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"Fishbucket"
Join Date: Feb 2004
Location: Bahston Hahbah
Posts: 6,588
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That's open to interpretation. The exceptional circumstance is that I'm anchored to the bottom and therefore unable to maneuver
Posted from my iPhone/Mobile device
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10-19-2011, 08:14 PM
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#39
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lobster = striper bait
Join Date: Jul 2002
Location: Popes Island Performing Arts Center
Posts: 5,871
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Quote:
Originally Posted by thefishingfreak
That's open to interpretation. The exceptional circumstance is that I'm anchored to the bottom and therefore unable to maneuver
Posted from my iPhone/Mobile device
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Open to interpretation? But the rules are clear?
Can't have it both ways.
(Devil's advocate is fun, people talking about pulling guns is gay.)
n/m, B got it already.
And an example of "exceptional circumstance" is equipment failure, not being anchored.
If you are actually not under command, you need to make it known. |
Ski Quicks Hole
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10-19-2011, 08:17 PM
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#40
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Seldom Seen
Join Date: May 2001
Posts: 10,389
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I would have considered shooting a flare into his wheelhouse.....  |
“Americans have the right and advantage of being armed, unlike the people of other countries, whose leaders are afraid to trust them with arms.” – James Madison.
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10-19-2011, 08:32 PM
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#41
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lobster = striper bait
Join Date: Jul 2002
Location: Popes Island Performing Arts Center
Posts: 5,871
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Quote:
Originally Posted by nightfighter
I would have considered shooting a flare into his wheelhouse..... |
Don't you have a kite to pack or something?  |
Ski Quicks Hole
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10-19-2011, 08:39 PM
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#42
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"Fishbucket"
Join Date: Feb 2004
Location: Bahston Hahbah
Posts: 6,588
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Ahhhhhh whatever. I'll let the magistrate decide who's at fault.
A vessel at anchor is by definition unable to keep out of the way. Back to rule 2
Posted from my iPhone/Mobile device
Last edited by thefishingfreak; 10-19-2011 at 08:45 PM..
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10-20-2011, 12:12 AM
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#43
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Registered User
Join Date: Nov 2004
Location: 14000 / 44031.5
Posts: 932
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There's something else that you should really consider.
That are of Cape Cod Bay is closed to "Fixed Gear Fishing". This means no lobster gear, gillnets or tub trawls - this was put into place so the whiting boats could work freely without getting fouled up.
If you go ahead with this lawsuit, the magistrate, or Paul Diodati himself could decide that anchoring up to commercially fish for tuna in this restricted zone is the equivalent of "fixed gear".
And if that happens, you're going to have a sh*tload of seriously pissed off tuna guys.
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10-20-2011, 06:08 AM
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#44
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Also known as OAK
Join Date: Apr 2003
Location: Westlery, RI
Posts: 10,349
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Quote:
Originally Posted by thefishingfreak
That's open to interpretation. The exceptional circumstance is that I'm anchored to the bottom and therefore unable to maneuver
Posted from my iPhone/Mobile device
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No, it's not.
Unless you are displaying NUC symbols/lights you are NOT NUC! Typically, this means you were declaring on the radio you were NUC as well... As ted said, if you lost power, tossed the hook and radioed you were NUC, you might have a leg to stand on.
Anchored and fishing w/lines is not NUC or even RAM. it is an ANCHORED Powerboat.....
Not trying to piss on your stance, but don't try and wrongly interpret the rules for your sake.... |
Bryan
Originally Posted by #^&#^&#^&#^&#^&#^&#^&#^&#^&#^&#^&
"For once I agree with Spence. UGH. I just hope I don't get the urge to go start buying armani suits to wear in my shop"
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10-20-2011, 06:25 AM
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#45
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lobster = striper bait
Join Date: Jul 2002
Location: Popes Island Performing Arts Center
Posts: 5,871
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Lets not forget COLREGS is not "open to interpretation"
They're very black and white.
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Ski Quicks Hole
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10-20-2011, 06:28 AM
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#46
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"Fishbucket"
Join Date: Feb 2004
Location: Bahston Hahbah
Posts: 6,588
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Yes I see. Points taken
Posted from my iPhone/Mobile device
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10-20-2011, 06:53 AM
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#47
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Also known as OAK
Join Date: Apr 2003
Location: Westlery, RI
Posts: 10,349
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Quote:
Originally Posted by thefishingfreak
Yes I see. Points taken
Posted from my iPhone/Mobile device
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Again, not trying to piss on your parade... I'd rather see realize the faults in the argument here among friends rather than in court!
I do hope you can get the $$ back. the crappy thing is, they probably have a collection of anchors at their shop just from things like that.... |
Bryan
Originally Posted by #^&#^&#^&#^&#^&#^&#^&#^&#^&#^&#^&
"For once I agree with Spence. UGH. I just hope I don't get the urge to go start buying armani suits to wear in my shop"
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10-20-2011, 06:57 AM
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#48
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lobster = striper bait
Join Date: Jul 2002
Location: Popes Island Performing Arts Center
Posts: 5,871
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Quote:
Originally Posted by RIROCKHOUND
Again, not trying to piss on your parade... I'd rather see realize the faults in the argument here among friends rather than in court!
I do hope you can get the $$ back. the crappy thing is, they probably have a collection of anchors at their shop just from things like that....
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anchors, lobster traps, motorcycles, cable, chain, other #^&#^&#^&#^& that boggles the mind that people have chucked over the side. |
Ski Quicks Hole
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10-20-2011, 07:09 AM
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#49
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Registered User
Join Date: Sep 2001
Posts: 7,649
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First, stop with all this jail talk about firing a gun at sea. It is not illegal. It is way outside city jurisdiction and quite frankly if a vessel is being dragged uncontrollably by a dragger who will not stop... is clearly a vessel in serious distress.
If not responding to radio/horn etc, a gun shot (every 60 seconds) is a perfectly LEGAL way to to get some attention.
SECTION 1: DISTRESS SIGNALS
(PRESCRIBED BY THE INTERNATIONAL REGULATIONS FOR PREVENTING
COLLISIONS AT SEA 1972)
To be used or displayed, either together or separately, by a vessel (or seaplane on the water) in distress requiring assistance from
other vessels or from the shore.
1.A gun or other explosive signal fire at intervals of about a minute
2. A continuous sounding with any fog-signaling apparatus.
3. Rockets or shells, throwing red stars fired one at a time at short intervals.
4. A signal made by radiotelegraphy or by any other signaling method consisting of the group • • • – – – • • • SOS in the
Morse Code.
5. A signal sent by radiotelephony consisting of the spoken word “MAYDAY”.
6. The International Code Signal of distress indicated by NC.
7. A signal consisting of a square flag having above or below it a ball or anything resembling a ball.
8. Flames on the vessel (as from a burning tar barrel, oil barrel, etc.).
9. A rocket parachute flare or a hand flare showing a red light.
10. A smoke signal giving off a volume of orange-colored smoke.
11. Slowly and repeatedly raising and lowering arms outstretched to each side.
12. The radiotelegraph alarm signal.*
13. The radiotelephone alarm signal.**
14. Signals transmitted by emergency position-indicating beacons.***
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10-20-2011, 07:35 AM
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#50
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Seldom Seen
Join Date: May 2001
Posts: 10,389
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I can see where this may end up getting bogged down in technicalities.... However, Mike states he was anchored, within the fleet, in daylight. That the dragger deliberately chose a course that clipped his anchor and dragged his vessel, is poor seamanship and just wrong in my opinion. The Bank is large enough for the two factions to coexist, yet this captain has to pull this crap. He had room and opportunity to avoid this "collision". Nothing more than trying to be the bully. Lights, balls, and signals aside, he was just wrong.
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“Americans have the right and advantage of being armed, unlike the people of other countries, whose leaders are afraid to trust them with arms.” – James Madison.
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10-20-2011, 08:39 AM
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#51
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lobster = striper bait
Join Date: Jul 2002
Location: Popes Island Performing Arts Center
Posts: 5,871
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Quote:
Originally Posted by Mr. Sandman
This goes directly to the earlier post about carrying guns on board.
......
Sounds like you need to institute justice on the spot next time.
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Ski Quicks Hole
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10-20-2011, 09:26 AM
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#52
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Registered User
Join Date: Oct 2006
Location: Marshfield, Ma
Posts: 2,150
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[QUOTE=likwid;894571]anchors, lobster traps, motorcycles, cable, chain, other #^&#^&#^&#^& that boggles the mind that people have chucked over the side.[/QUOTE
Example, The US Navy tosses the aressting gear cabels from aircraft carriers overboard after they reach 100 arrested landings. Those things are huge and are like $80K a piece.
Sorry, off topic
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"I know a taxidermy man back home. He gonna have a heart attack when he see what I brung him!"
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12-08-2011, 11:47 AM
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#53
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"Fishbucket"
Join Date: Feb 2004
Location: Bahston Hahbah
Posts: 6,588
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Just got out of court.
The vessel owner, the Capt. & the deck hand were all there.
Their defense was pretty much "it wasn't us" and "maybe a shark or a whale did it". I can't prove it was them etc...
The court is going to take it under advisement and we will get a decision in the mail, in about a week.
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12-08-2011, 11:49 AM
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#54
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Seldom Seen
Join Date: May 2001
Posts: 10,389
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Good luck. What was their "attitude" towards you?
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“Americans have the right and advantage of being armed, unlike the people of other countries, whose leaders are afraid to trust them with arms.” – James Madison.
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12-08-2011, 12:07 PM
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#55
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"Fishbucket"
Join Date: Feb 2004
Location: Bahston Hahbah
Posts: 6,588
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Not bad , not hostile or anything. They were just denying they did it or that I could prove it was them.
Posted from my iPhone/Mobile device
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12-08-2011, 12:11 PM
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#56
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Registered User
Join Date: Feb 2003
Location: Newtown, CT
Posts: 5,659
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Hopefully the Judge will see right through that BS.
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12-08-2011, 02:57 PM
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#57
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Registered User
Join Date: Dec 2011
Posts: 57
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There's a limit on these?
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12-13-2011, 10:21 AM
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#58
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"Fishbucket"
Join Date: Feb 2004
Location: Bahston Hahbah
Posts: 6,588
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Judgement for the Plaintiff!!!
$539.00
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12-13-2011, 10:26 AM
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#59
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Super Moderator
Join Date: Aug 2000
Location: Middleboro MA
Posts: 17,119
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Well THAT'S Great news Mike 
chaulk up another one for the little guy
there is justice after all.
I guess the judge saw right thru that shark or whale defense |
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12-13-2011, 10:28 AM
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#60
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BuzzLuck
Join Date: Feb 2009
Location: Brockton
Posts: 6,414
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Way to Mike! That will buy on hell of an anchor.
How was his English in a court room? |
 Given the diversity of the human species, there is no “normal” human genome sequence. We are all mutants.
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