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DIAMOND v. BEUTEL

No. 16489.

247 F.2d 604 (1957)

Melville DIAMOND, as the Administrator of the Estate of P. M. Diamond as owner of the 23-foot Higgins Speedboat, Official Number 18J1555, Appellant, v. Deborah BEUTEL and Marion D. Hopwood, Appellees.

United States Court of Appeals Fifth Circuit.

August 8, 1957.

Attorney(s) appearing for the Case

David S. Batcheller, Douglas D. Batchelor, Miami, Fla., Smathers, Thompson & Dyer, Miami, Fla., of counsel, for appellant.

Herschel W. Carney, Melbourne, Fla., Jerome Silver, Cleveland, Ohio, Edward L. Trader, Melbourne, Fla., George E. Patterson, Jr., Miami, Fla., for appellees.

Before RIVES and CAMERON, Circuit Judges, and DAWKINS, Sr., District Judge.

RIVES, Circuit Judge.

This appeal is from a decree dismissing a petition for limitation of liability for the reason that the vessel owner did not make the petition "within six months after a claimant shall have given to or filed with such owner written notice of claim." 46 U.S.C.A. 185.1 As originally filed, the petition was by P. M. Diamond, the owner of a 23-foot Higgins Speedboat. On March...

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