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CATES v. UNITED STATES

No. 29874.

451 F.2d 411 (1971)

Frank W. CATES, Plaintiff-Appellee Cross-Appellant, v. UNITED STATES of America et al., Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

September 20, 1971.

Attorney(s) appearing for the Case

Robert W. Rust, U. S. Atty., Miami, Fla., Morton Hollander, Patricia S. Baptiste, Attys., Dept. of Justice, Washington, D. C., William D. Ruckelshaus, Asst. Atty. Gen., for defendants-appellants.

John H. Lewis, Miami, Fla., for plaintiff-appellee.

Fowler, White, Collins, Gillen, Humkey & Trenam, Miami, Fla., for other interested parties.

Before JOHN R. BROWN, Chief Judge, and PHILLIPS and INGRAHAM, Circuit Judges.

JOHN R. BROWN, Chief Judge:

In an appeal which for the most part ignores the distinctive role of this Court as though the balmy pre-McAllister1 days of reconsideration of admiralty cases de novo were still the birthright of proctors who have also lost their title (see O/Y Finlayson-Forssa A/B v. Pan Atlantic S.S. Corp., 5 Cir., 1958, 259 F.2d 11, 13, 1958 A.M.C. 2070, 2071; Higgins, Inc. v. Hale, 5 Cir...

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