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BRANCH v. SCHUMANN

No. 30757.

445 F.2d 175 (1971)

Elmer T. BRANCH, Plaintiff-Appellant, v. Alfred SCHUMANN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 29, 1971.

Attorney(s) appearing for the Case

Reginald M. Hayden, Jr., Miami, Fla., for plaintiff-appellant; Fowler, White, Humkey, Burnett, Hurley & Banick, P. A., Miami, Fla., of counsel.

Lake Lytal, Jr., West Palm Beach, Fla., for defendant-appellee; Howell, Kirby, Montgomery, D'Aiuto, Dean & Hallowes, West Palm Beach, Fla., of counsel.

Before WISDOM, Circuit Judge, DAVIS, Judge, and GOLDBERG, Circuit Judge.

GOLDBERG, Circuit Judge:

In this diversity case we consider the thrust and counterthrust of general maritime law and the statutory tort law of Florida with respect to an accident occurring on navigable waters of that state. After reviewing the jousting, we conclude that maritime law prevails.

This appeal by plaintiff Elmer Branch is the latest link in a chain of events which erupted from a violent explosion occurring aboard a vessel christened the KON-TIKI...

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