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BYRD v. BYRD

No. 81-1038.

657 F.2d 615 (1981)

Elsie Y. BYRD, Appellant, v. William E. BYRD, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 25, 1981.

Attorney(s) appearing for the Case

Sidney H. Kelsey, Jr., Norfolk, Va. (Kelsey & Kelsey, Charles E. Sizemore, Jr., Moss, Moss & Sizemore, Norfolk, Va., on brief), for appellant.

William B. Eley, Norfolk, Va. (Eley, Rutherford & Leafe, Norfolk, Va., on brief), for appellee.

Before FIELD, Senior Circuit Judge, MURNAGHAN, Circuit Judge, and ERWIN, District Judge.

MURNAGHAN, Circuit Judge:

The question presented by the instant case — whether interspousal immunity applies within the federal admiralty jurisdiction to preclude a tort action by a wife against her husband for injuries sustained by her while on the husband's pleasure boat in navigable waters — is truly one of first impression. Authority, not only cases but comment by the treatise authors as well, appears to be nonexistent.1

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