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TEMPEST v. UNITED STATES

No. 12630.

404 F.2d 870 (1968)

Edward H. TEMPEST, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals Fourth Circuit.

Decided December 4, 1968.

Attorney(s) appearing for the Case

Robert M. Hughes, III, Norfolk, Va. (Seawell, McCoy, Winston & Dalton, Norfolk, Va., on brief) for appellant.

Morton H. Clark, Norfolk, Va. (Vandeventer, Black Meredith & Martin, Norfolk, Va., on brief) for appellee.

Before HAYNSWORTH, Chief Judge, BRYAN, Circuit Judge and McMILLAN, District Judge.

HAYNSWORTH, Chief Judge:

In this case, arising out of a collision between two small yachts, the United States, confessing the obvious fault of the Devil Dog, appeals from that part of the judgment which exonerated the Tempest II. The contention is that Tempest II was proceeding in violation of the Narrow Channel Rule,1 and, on that account, the Pennsylvania Rule2

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