SEEMANN v. BERGER

No. 75-4176.

556 F.2d 726 (1977)

George H. SEEMANN, Plaintiff-Appellee, v. Leonard Paul BERGER, M.D., in personam, and M/V FOLLIES BERGERE, in rem, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 23, 1977.


Attorney(s) appearing for the Case

George O. Mitchell, David R. Canning, Miami, Fla., for defendants-appellants.

Ronald A. Fitzgerald, Fort Lauderdale, Fla., for plaintiff-appellee.

Before THORNBERRY and GEE, Circuit Judges, and MARKEY, Chief Judge.


MARKEY, Chief Judge:

This is an appeal from the judgment of the United States District Court for the Southern District of Florida in an admiralty action involving the collision of two vessels, the "Mitchell II," and the "Follies Bergere." The district court, after trial without a jury, held that the collision resulted from negligence on the part of both vessels and the court proportioned fault at thirty percent to the appellee (Seemann) and seventy percent to appellants...

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