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PERSHING AUTO RENTALS, INC. v. GAFFNEY

No. 18075.

279 F.2d 546 (1960)

PERSHING AUTO RENTALS, INC., Appellant, v. William C. GAFFNEY et al., Appellees.

United States Court of Appeals Fifth Circuit.

June 15, 1960.

Attorney(s) appearing for the Case

David S. Batcheller, James L. Armstrong, III, David W. Dyer, Miami, Fla., for appellant; Smathers, Thompson & Dyer, Miami, Fla., of counsel.

Sam Daniels, Herbert L. Nadeau, Miami, Fla., for appellees.

Before HUTCHESON, BROWN and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

It has taken 109 years for this case to materialize. For the first time in this long continuance of the Act concerning limitation of shipowner's liability1 which, for our purposes, remains the same as originally enacted in 1851, a simple question is posed. In a multiple-claim-inadequate-fund limitation proceeding may the admiralty court modify its traditional injunction to permit some of the claimants to establish...

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