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SOUTH CAROLINA STATE HWY. DEPT. v. THE FORT FETTERMAN

No. 7211.

236 F.2d 221 (1956)

The SOUTH CAROLINA STATE HIGHWAY DEPARTMENT, Appellant, v. THE Tank Steamer FORT FETTERMAN, her engines, boilers, tackle, equipment, appurtenances, etc. and Chas. Kurz & Co., Inc., as owner of The Tank Steamer Fort Fetterman, Appellees.

United States Court of Appeals Fourth Circuit.

Decided August 8, 1956.

Attorney(s) appearing for the Case

Huger Sinkler and Charles H. Gibbs, Charleston, S. C. (T. C. Callison, Atty. Gen., of South Carolina, and Sinkler, Gibbs & Simmons, Charleston, S. C., on the brief), for appellant.

Charles W. Waring, Charleston, S. C. (Waring & Brockinton, Charleston, S. C., on the brief), for appellees.

Before PARKER, Chief Judge, and SOPER and PRETTYMAN, Circuit Judges.

PARKER, Chief Judge.

This is an appeal from an order refusing to strike out a cross libel in a suit in admiralty filed by the South Carolina State Highway Department, an agency of the State of South Carolina, against the tank steamer Fort Fetterman to recover damages arising out of a collision of that vessel with a bridge maintained by the Highway Department over a navigable stream in the State of South Carolina. The libel alleged negligence on the part of the vessel...

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