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ERLBACHER v. REPUBLIC HOMES CORPORATION

No. 16050.

263 F.2d 217 (1959)

Robert W. ERLBACHER and Mrs. Mabel Erlbacher, d/b/a Missouri Dry Dock & Repair Company, Appellants, v. REPUBLIC HOMES CORPORATION, Appellee.

United States Court of Appeals Eighth Circuit.

January 26, 1959.

Attorney(s) appearing for the Case

Stephen N. Limbaugh, Cape Girardeau, Mo. (Rush H. Limbaugh and Limbaugh & Limbaugh, Cape Girardeau, Mo., were with him on the brief), for appellants.

Paul A. Gaudet, New Orleans, La. (Deutsch, Kerrigan & Stiles, Brunswick G. Deutsch, New Orleans, La., William S. Stone, New Orleans, La., Milton I. Goldstein and Goldstein & Price, St. Louis, Mo., were with him on the brief), for appellee.

Before JOHNSEN, VOGEL and MATTHES, Circuit Judges.

VOGEL, Circuit Judge.

We are concerned here with a suit in admiralty for the loss of a yacht called Mermaid II. Republic Homes Corporation, owner of the yacht, appellee herein, alleged in its libel and complaint by which the action was started that the loss of Mermaid II was due to fire caused by an explosion while the vessel was in the appellants' dry dock for repairs; that such loss was due solely to the negligence and incompetence of the appellants and their employees...

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