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SANTANA MARINE SERVICE, INC. v. McHALE

No. 21689.

346 F.2d 147 (1965)

SANTANA MARINE SERVICE, INC., and R. & S. Marine Service, Inc., Appellants, v. Charles E. McHALE et al., Appellees.

United States Court of Appeals Fifth Circuit.

May 17, 1965.

Attorney(s) appearing for the Case

Charles T. Kessler, Welsh, Cornell, Psyzka & Carlton, Miami, Fla., for appellants.

Frank J. Marston, Fowler, White, Gillen, Humkey & Trenam, Miami, Fla., for appellees.

Before TUTTLE, Chief Judge, and PHILLIPS and WISDOM, Circuit Judges.

PER CURIAM:

Charles E. McHale and Eileen E. McHale filed a libel against R. & S. Marine Service, Inc., to recover damages to a boat while the same was in possession of Marine Service as bailee.

The boat was a fiberglass boat, 21 feet long and 7½ feet wide and was powered by two outboard motors. The McHales entered into a verbal contract with Marine Service to lift the boat from the water for the purpose of cleaning the bottom of the boat. The boat...

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