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THE CITY OF FORT WORTH

No. 9292.

118 F.2d 48 (1941)

THE CITY OF FORT WORTH. O'BRIEN et al. v. SOUTHERN S. S. CO.

Circuit Court of Appeals, Fifth Circuit.

March 4, 1941.

Attorney(s) appearing for the Case

J. C. Hutcheson, III., of Houston, Tex., for appellants.

John R. Brown and J. Newton Rayzor, both of Houston, Tex., for appellee.

Before FOSTER, SIBLEY, and McCORD, Circuit Judges.

FOSTER, Circuit Judge.

This is a libel in rem filed by appellants against the S. S. City of Fort Worth, owned by Southern Steamship Co., to recover damages for the sinking and total loss of the launch Houston Pilot No. 1, owned by them, in a collision between said vessels. The theory of appellant is that the Fort Worth was an overtaking vessel and was guilty of negligence in not keeping out of the way of the launch.

The District Court found the material facts...

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