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KIESEL v. STATE OF FLORIDA, DEPT. OF NATURAL RESOURCES

No. 72-3018.

479 F.2d 1261 (1973)

Charles KIESEL and Hilbert Kiesel, as owners of the S/V "CORAL SANDS", Plaintiffs-Appellees, v. The STATE OF FLORIDA, DEPARTMENT OF NATURAL RESOURCES and Frank Fernandez, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 25, 1973.

Attorney(s) appearing for the Case

Jerry E. Okner, Asst. Atty. Gen., Dept. of Legal Affairs, Robert L. Shevin, Atty. Gen., Tallahassee, Fla., for defendants-appellants.

William C. Norwood, Richard M. Gale, Miami, Fla., for plaintiffs-appellees.

Before WISDOM, DYER and INGRAHAM, Circuit Judges.

PER CURIAM:

The case on appeal is an admiralty action for damages. Plaintiffs-appellees, the owners of a shrimping vessel, sued the State of Florida, the Department of Natural Resources and Frank Fernandez, a marine patrol officer of the Department of Natural Resources. The vessel was operating in navigable waters near Everglades City, Florida, when patrol officer Fernandez boarded the vessel and found eight crawfish tails in the hold. Since the vessel had no crawfishing...

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