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GOODWIN v. THE JACKIE B

No. 386.

147 F.Supp. 292 (1957)

D. C. GOODWIN and wife Bernice Goodwin, and Elzie Goodwin and wife Minnie Goodwin, as owners of the fishing vessel THE SWEET PEA, Libellants, v. The Fishing Vessel, THE JACKIE B, her Engine, Tackle, Apparel, etc., and W. S. Wells, Jr., her owner, in the case of collision, civil and maritime, Respondent.

United States District Court E. D. North Carolina, Wilmington Division.

January 10, 1957.

Attorney(s) appearing for the Case

Wallace C. Murchison (Carter & Murchison), Wilmington, N. C., for libellants.

George Rountree, Jr., Wilmington, N. C., S. Bunn Frink (Frink & Herring), Southport, N. C., for respondent.

GILLIAM, District Judge.

It appears from the uncontradicted evidence that at about 4:00 o'clock a. m., on September 5, 1955, the "Sweet Pea" was rammed and sunk by a wooden hull fishing vessel, the identity of which is at serious issue. Libellants accuse the "Jackie B" and have offered evidence tending to substantiate the accusation, while respondent, the "Jackie B", and her owner, vigorously deny guilt and have offered

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