THE FORT FETTERMAN, Libellee, and Chas. Kurz & Co., Inc., Cross-Libellant, Appellants,
v.
SOUTH CAROLINA STATE HIGHWAY DEPARTMENT, Libellant and Cross-Respondent, Appellee.
United States Court of Appeals Fourth Circuit.https://leagle.com/images/logo.png
Argued April 21, 1959.
Decided June 8, 1959.
Attorney(s) appearing for the Case
Charles W. Waring, Charleston, S. C. (Waring & Brockinton, Charleston, S. C., on brief), for appellants.
Huger Sinkler, Charleston, S. C., and James S. Verner, Asst. Atty. Gen., of South Carolina (Sinkler, Gibbs & Simons, Charleston, S. C., and D. R. McLeod, Atty. Gen., of South Carolina, on brief), for appellee.
Before SOBELOFF, Chief Judge, SOPER, Circuit Judge, and HOFFMAN, District Judge.
United States Court of Appeals Fourth Circuit.
PER CURIAM.
Subsequent to our opinion in this case1 we granted the appellee a rehearing and, at the same time, denied a similar request as filed by appellant. We had previously concluded that, under the situation presented, the damages should be divided. On rehearing we adhere to our previously expressed view that the improper navigation of the appellant vessel contributed to the resulting damage...
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