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WHORTON v. T. A. LOVING & COMPANY

No. 9403.

344 F.2d 739 (1965)

Clara M. WHORTON, Appellant, v. T. A. LOVING AND COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 6, 1965.

Attorney(s) appearing for the Case

Stephen J. Buckley, New York City (John H. Bonner, Washington, N. C., Christopher E. Heckman, and Foley & Martin, New York City, on brief), for appellant.

Jno. C. Rodman (Rodman & Rodman, Washington, N. C., on brief), for appellee.

Before BOREMAN and J. SPENCER BELL, Circuit Judges, and BUTZNER, District Judge.

BOREMAN, Circuit Judge:

Clara M. Whorton prosecutes this appeal from a decree in admiralty sustaining the motion of appellee, T. A. Loving and Company (hereinafter Loving), to dismiss appellant's libel. We think the dismissal was error.

In midafternoon of February 16, 1955, the weather clear and visibility good, Whorton's shrimp boat, Boots, was proceeding southbound in the Intracoastal Waterway, near the "new" Onslow Beach Bridge, Camp LeJeune, North Carolina...

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