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THE FORT FETTERMAN v. SOUTH CAROLINA STATE HY. DEPT.

No. 8023.

278 F.2d 921 (1960)

THE Tank Steamer 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.

Decided May 19, 1960.

Attorney(s) appearing for the Case

Charles W. Waring, Charleston, S. C. (Waring & Brockinton, Charleston, S. C., on brief), for appellants.

Charles H. Gibbs and Huger Sinkler, Charleston, S. C. (Daniel R. McLeod, Atty. Gen., State of South Carolina, James S. Verner, Asst. Atty. Gen., State of South Carolina, and Sinkler, Gibbs & Simons, Charleston, S. C., on the brief), for appellee.

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

HOFFMAN, District Judge.

We have considered the merits of this controversy on two prior occasions.1 Upon rehearing following our first opinion, we adhered to the applicability of the Pennsylvania rule, but remanded the case to the District Court for specific findings.

Essentially there are two questions for determination. One involves the alleged protrusion of the gear racks and whether...

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