My understanding - 
You are not out of luck. NC"s protest was as you say likely thrown out as he 
did not protest properly in a timely manner (61.1 a). This just prevents NC for 
being exonerated by the actions/ inactions of Q. NC is still on the hook for 
fouling you - and unless he did his penalty turns as specified in the Sailing 
Instructions should be disqualified by the Protest Committee

--
Jonathan
Indigo C&C 35III
SOUTHPORT CT

> On Oct 20, 2014, at 10:36, Charlie Nelson via CnC-List 
> <cnc-list@cnc-list.com> wrote:
> 
> I hope some of the racers among the list might want to chime in on the 
> following.
>  
> Before the start this weekend, 2 boats 'barged' down the line, one 
> immediately to windward and starboard of me (WP) who I protested immediately 
> after the incident, hailed that I(WP) protested him (NC) and flew the red 
> flag. He (NC) did not protest the boat to weather of him until all of us were 
> near the weather mark. Either for that or another technical reason, his (NC) 
> protest was thrown out (details unknown since the protest was not heard at a 
> hearing/meeting as yet) but I was informed of it by his email.
>  
>  My question for the list is the following:
>  
> AFAIK, I (WP) could not protest any boat except the one nearest to me (NC), 
> which I did.
>  
> He (NC) protested the boat to his starboard/windward (Q) which he could not 
> take up because that boat (Q) did not yield his position, as he should have. 
> Probably would have forced him over the starting line but immaterial AFAIK. 
> There were no obstructions involved.
>  
> Am I out of luck since his (the middle boat) protest (NC) was thrown out?
>  
> I know from a similar past experience when the middle boat did not protest 
> the boat to his starboard/windward side before the start, that he (the middle 
> boat) was exonerated since he was prevented from going up by another boat and 
> did not bother to protest the boat to windward of him. Thus I was 'hosed' 
> since he was exonerated and the real culprit (the boat to his 
> starboard/windward side) got off with no penalty.
>  
> The current situation is identical except the middle boat (NC) did protest 
> the most windward boat (Q), but his protest was thrown out on a technicality 
> (likely not timely enough).
>  
> I have an inkling that a BOHICA moment is approaching, as in Bend Over Here 
> It Comes Again!!
>  
> Charlie Nelson
> Water Phantom
> C&C 36 XL/kcb
>  
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>  
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>  
> cenel...@aol.com
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