GOSNELL v. UNITED STATES

Nos. 7753, 7754.

262 F.2d 559 (1959)

Zelda GOSNELL, Harry G. Heideck, Samuel R. Owings, August Cornelius Jennings, Charles W. Jones and John L. Burchette, Libelant and Claimant-Respondents, Appellants, v. UNITED STATES of America, Respondent, Appellee. Petition of UNITED STATES of America, as owner of THE Navy Barge YFNX-6, for exoneration from or limitation of liability. UNITED STATES of America, as owner of The Navy Barge YFNX-6, Libelant, Appellant, v. THE fishing vessel TOPPER, formerly named THE NORA V, her engines, boilers, etc., in rem, and Harry G. Heideck, in personam, Respondents, Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 5, 1959.


Attorney(s) appearing for the Case

John H. Skeen, Jr., Baltimore, Md. (William A. Skeen, Baltimore, Md., on the brief), for appellants in No. 7753 and appellees in No. 7754.

Charles S. Haight, Jr., Sp. Asst. to Atty. Gen. (George Cochran Doub, Asst. Atty. Gen., Leon H. A. Pierson, U. S. Atty., Baltimore, Md., and Samuel D. Slade, Atty., Dept. of Justice, Washington, D. C., on the brief) for United States.

Before SOBELOFF, Chief Judge, SOPER, Circuit Judge, and BOREMAN, District Judge.


BOREMAN, District Judge.

No. 7753 is an appeal from a final decree of the United States District Court for the District of Maryland, granting the petition of the United States, as owner of Navy Barge YFNX-6, for exoneration from liability, and dismissing the claims of appellants, claimants in the limitation proceeding.

No. 7754 is a contingent cross-appeal by the United States from a part of the District Court's final decree dismissing the Government's libel...

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