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IN RE RAPP'S PETITION

No. 12170.

255 F.2d 628 (1958)

Petition of Mason G. RAPP and Watson Harbaugh, individuals, for exoneration from, or limitation of, liability as owners of a certain vessel known as THE FOO III. Petition of Richard T. WITTWER and Arthur G. Ebeling, etc., individuals, for exoneration from, or limitation of, liability as owners of a certain vessel known as THE FANTOME. Mason G. RAPP and Watson G. Harbaugh, Appellants, v. Richard T. WITTWER and Arthur G. Ebeling, and Stanley C. Kolba, Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied June 12, 1958.

Attorney(s) appearing for the Case

Edward B. Hayes, Wm. Bricen Miller, Jr., and Warren C. Ingersoll, Chicago, Ill., Lord, Bissell & Brook, Chicago, Ill., of counsel, for appellant.

Louis J. Keating, Georges H. Dapples, Chicago, Ill., Kirkland, Fleming, Green, Martin & Ellis, Chicago, Ill., of counsel, for appellee.

Joseph W. Griffin and Joseph H. Hinshaw, Chicago, Ill., Hinshaw, Culbertson, Moelmann & Hoban, Chicago, Ill., of counsel, for appellees, Richard T. Wittwer and Arthur G. Ebeling.

Before FINNEGAN, SCHNACKENBERG and PARKINSON, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

From a decree in admiralty entered in a consolidated action, Mason G. Rapp and Watson Harbaugh, appellants, have appealed to this court.1

On August 17, 1952, a collision occurred between two vessels, one being Foo III (also referred to herein as "Foo"), owned by Rapp and Harbaugh, and the other, Fantome, owned by Arthur G. Ebeling and Richard T. Wittwer, appellees...

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