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CINCINNATI GAS & ELEC. CO. v. ABEL

No. 75-2100.

533 F.2d 1001 (1976)

CINCINNATI GAS & ELECTRIC CO., owner of M/V REDDY KILOWATT, Plaintiff-Appellant, v. Patricia ABEL, d/b/a New Richmond Boating Center, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 16, 1976.

Attorney(s) appearing for the Case

James L. O'Connell, Lindhorst & Dreidame, Cincinnati, Ohio, for plaintiff-appellant.

Philip J. Schneider, Cincinnati, Ohio, for defendant-appellee.

Before PHILLIPS, Chief Judge, and PECK and LIVELY, Circuit Judges.

LIVELY, Circuit Judge.

This is an admiralty case. May a shipowner who has been sued in a state court for damages arising out of the operation of his vessel on navigable waters rely on a defense of limitation of liability under 46 U.S.C. § 183(a) pled in his answer in the state court proceedings or must he file a petition for limitation in a federal district court within six months after receiving notice of a claim as provided in 46 U.S.C. § 185? This is...

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