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S. FELICIONE & SONS FISH CO. v. CITIZENS CASUALTY CO. OF N.Y.

No. 28319.

430 F.2d 136 (1970)

S. FELICIONE & SONS FISH COMPANY, Inc., Plaintiff-Appellee, v. CITIZENS CASUALTY COMPANY OF NEW YORK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied September 18, 1970.

Attorney(s) appearing for the Case

William S. Frates, II, West Palm Beach, Fla., John T. Allen, Jr., Baya M. Harrison, III, St. Petersburg, Fla., for defendant-appellant; Harrison, Green, Mann, Davenport, Rowe & Stanton, St. Petersburg, Fla., of counsel.

Charles F. Clark, MacFarlane, Ferguson, Allison & Kelly, Tampa, Fla., for plaintiff-appellee.

Before GODBOLD, DYER and MORGAN, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied September 18, 1970.

DYER, Circuit Judge:

This bizarre saga of the seas — involving a double murder and ship scuttling by a drunkenly irrational master — is not only novelesque, but leaves novel legal consequences in its wake. It begins on November 9, 1967, when the MISS SONDRA LEIGH owned by plaintiff, S. Felicione & Sons Fish Company, Inc., under the command of Captain Lee Tindall, and with two...

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