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  • But if the court of appeals test were used here and the court were to conclude that something is a vessel if it is merely capable of being towed across water even to its detriment, then you can not explain the answer in cases like Evansville or in Roper where -- because the Evansville work boat was towed at least ten times, as described in pages 21 and 22 of the Court's opinion, and nobody was askin
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