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FIRST NAT. BANK OF CHICAGO v. MATERIAL SERV. CORP.

No. 75-2115.

544 F.2d 911 (1976)

The FIRST NATIONAL BANK OF CHICAGO, Executor of the Will of Wayne J. Hart, Deceased, Plaintiff-Appellant, v. MATERIAL SERVICE CORPORATION, a corporation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 5, 1976.

Rehearing Denied December 15, 1976.

Attorney(s) appearing for the Case

Marshall E. LeSueur, Chicago, Ill., for plaintiff-appellant.

Stephen A. Milwid, Chicago, Ill., for defendant-appellee.

Before CUMMINGS and BAUER, Circuit Judges, and JAMESON, Senior District Judge.

BAUER, Circuit Judge.

The disposition of this admiralty collision case depends on whether the rule of The Pennsylvania, 86 U.S. 125, 19 Wall. 125, 22 L.Ed. 148 (1873), should have been applied by the district court. The rule shifts the burden of proof in collision cases to the defendant if its vessel was in violation of a statutory navigation rule at the time of the collision.

I

On April 20, 1973, at about 8...

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