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CHAPMAN v. UNITED STATES

Nos. 75-2162 and 75-2163.

575 F.2d 147 (1978)

Linda CHAPMAN, Plaintiff-Appellee and Cross-Appellant, v. UNITED STATES of America, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 1, 1978.

As Amended June 9, 1976.

Attorney(s) appearing for the Case

David V. Hutchinson, Admiralty & Shipping Section, U. S. Dept. of Justice, Washington, D. C., for defendant-appellant and cross-appellee.

Leonard R. Grazian, Chicago, Ill., for plaintiff-appellee and cross-appellant.

Before FAIRCHILD, Chief Judge, CASTLE, Senior Circuit Judge, SWYGERT, CUMMINGS, PELL, SPRECHER, TONE, BAUER and WOOD, Circuit Judges.

Reheard In Banc October 19, 1977.

TONE, Circuit Judge.

The issue on which this case turns, in the view of a majority of the court, is whether the federal admiralty jurisdiction extends to tort claims involving the operation of small pleasure boats over waters that, although navigable and used for commercial transportation in the past, are now used and likely to be used only for recreational activities. We hold that admiralty jurisdiction does not exist under...

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