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BEAL v. WALTZ

No. 19481.

309 F.2d 721 (1962)

Clifford BEAL, d/b/a Gulf Coast Auto Supply, owner of the MOTORBOAT JACSANJIL, Appellant, v. Larry WALTZ, a minor, by his mother and next friend Noncetta M. Ringwood and Noncetta M. Ringwood, Individually, Appellees.

United States Court of Appeals Fifth Circuit.

November 7, 1962.

Attorney(s) appearing for the Case

Edward N. Fay, Jr., W. Robert Mann, Bradenton, Fla., Dewey R. Villareal, Jr., Tampa, Fla., for appellant.

Alan R. Schwartz, Miami, Fla., T. Paine Kelly, Jr., Tampa, Fla., for appellees.

Before JONES and BELL, Circuit Judges and ESTES, District Judge.

GRIFFIN B. BELL, Circuit Judge.

Suit was filed in state court to recover damages for personal injuries sustained by Larry Waltz, a minor, in the explosion of the motorboat JACSANJIL, and for consequential damages to his mother. Appellant moved for summary judgment in December of 1959 and after argument in January and March 1960 the court reserved ruling.

Meanwhile, on January 22, 1960 appellant, shipowner, filed a petition in the United States District Court...

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