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right now the coast guard is closely watching a 65-foot fishing boat. it s filled with thousands of gallons of diesel fuel. just hours ago it capsized in the rough waters of half-moon bay state beach near kelly avenue. they re concerned some of the fuel could leak into the ocean waters. early this morning the coast guard came to the rescue of three crab fishermen on board the boat who may have fallen asleep after several days at sea. ktvu s jade hernandez is in half-moon bay right now talking to the emergency crews. jade will have a live report for us coming up in a couple minutes. we are also following breaking news out of new jersey this morning where a large condominium complex is engulfed in flamed right now. take a look. we want to show you live pictures where you can see the smoke and flames. this is from rawway. the fire appears to be burning on the top floor and the roof of the four story complex. according to the media in the area, the building is still under const
good afternoon. we begin with developing news involving another twist in the legal battle over gay mare average. the 9th circuit court of appeals cannot make a decision on whether california s gay marriage ban is constitutional until the state s highest court weighs in. a brief was filed asking the california supreme court to decide if the backers of ballot prop sixes can step in to defend voter-approved prop sixes can step in to defend voter-approved measures in court. that question is important because former governor schwarzenegger and then attorney general jerry brown refused. emergency repairs 2349 east bay have created a massive backup. this is happening on northbound 880 in oakland on high street. it s been going on for several hours now. ktvu s sal castanedo joins us with more on the repairs and how long this might last. reporter: this problem has been going on since 7:45 this morning, two lanes at high street, right at the bridge, are closed. we want to talk to