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CHAS. KURZ & CO. v. SOUTH CAROLINA STATE H. DEPT.

No. 7379.

242 F.2d 799 (1957)

CHAS. KURZ & CO., Inc., as owner of THE Tank Steamer FORT FETTERMAN, Appellant and Cross-Appellee, v. The SOUTH CAROLINA STATE HIGHWAY DEPARTMENT, Appellee and Cross-Appellant.

United States Court of Appeals Fourth Circuit.

Decided April 5, 1957.

Attorney(s) appearing for the Case

Charles W. Waring, Charleston, S. C. (Waring & Brockington, Charleston, S. C., on brief), for appellant and cross-appellee.

Charles H. Gibbs, Huger Sinkler, Charleston, S. C., and T. C. Callison, Atty. Gen. (Sinkler, Gibbs & Simons, Charleston, S. C., on brief), for appellee and cross-appellant.

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

PER CURIAM.

After the premature appeal in this case was dismissed, see 236 F.2d 221, the cross libellant filed a motion to stay proceedings upon the libel until the libellant should give security to respond in damages to the claims set forth in the cross libel. The District Judge denied the motion on the ground that the libellant was an agency of the State of South Carolina, that there was a substantial question as to the power of...

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