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POWELL v. CITY OF KEY WEST, FLORIDA

No. 29159.

434 F.2d 1075 (1970)

Lee M. POWELL, III, Plaintiff-Appellant, v. CITY OF KEY WEST, FLORIDA, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 3, 1970.

Attorney(s) appearing for the Case

Roger A. Bridges, Sams, Anderson, Alper & Spencer, Miami, Fla., for plaintiff-appellant.

Smathers & Thompson, Richard M. Gale, David S. Batcheller, Miami, Fla., Charles C. Papy, Jr., Coral Cables, Fla., M. Ignatius Lester, Key West, Fla., for defendants-appellees.

Before TUTTLE, BELL and GOLDBERG, Circuit Judges.

TUTTLE, Circuit Judge:

On March 17, 1963, Lee M. Powell, III, while sailing a catamaran sail boat on navigable waters of the United States between Stock Island and Boca Chica Key, Florida, was injured when the mast of his sail boat came into contact with an overhead high voltage electrical transmission line owned and operated by the city of Key West, Florida, acting through its utility board. The permit to construct and maintain this high voltage electrical transmission...

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