Napier v. F

United States Court of Appeals
For the First Circuit

Nos. 05-1503, 05-2545

JAMES NAPIER,

Plaintiff, Appellant,

v.

F/V DEESIE, INC.,

Defendant, Appellee.

ERRATA SHEET

The opinion of this Court issued on July 11, 2006, is amended
as follows:

On page 6 of the slip opinion, the sentence beginning "The
magistrate judge's ruling was also erroneous..." should now read as
follows:

The magistrate judge's ruling was also erroneous because
Napier, in a report that was filed with his opposition to
Deesie's amended motion for summary judgment, provided
evidence that he took aspirin and Motrin, an allegation
that should have been taken as true by the magistrate
judge for purposes of deciding upon the summary judgment
motion.