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KELLY v. SMITH

No. 72-3285.

485 F.2d 520 (1973)

Garland Wayne KELLY and Allen Eugene Kelly, Sr., Plaintiffs-Appellees, v. J. C. SMITH and Chicot Land Company, Inc., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 19, 1973.

Attorney(s) appearing for the Case

O. C. Burnside, Jr., Lake Village, Ark., for J. C. Smith.

Roy D. Campbell, Jr., James L. Robertson, Lawrence D. Wade, Greenville, Miss., for Chicot Land Co.

Philip E. Henderson, Robert L. Morris, Houma, La., for Allen Kelly and Garland Kelly.

M. E. Ward, R. E. Parker, Jr., Vicksburg, Miss., J. Albert Lake, Greenville, Miss., for Anderson-Tully.

Before TUTTLE, GODBOLD and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 19, 1973.

GODBOLD, Circuit Judge:

This case arises from a mini ship-to-shore gun battle in the Mississippi River. The vessel, no ship of the line, is a 15-foot outboard boat. The combatants are irregular forces, fleeing deer poachers afloat and outraged defenders of a private hunting preserve ashore. The armament, rather than coastal batteries and carronades on the gun deck, consists of hunting rifles. The forces...

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