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PETITION OF CHEROKEE TRAWLER CORPORATION

No. 304.

157 F.Supp. 414 (1957)

Matter of Petition of CHEROKEE TRAWLER CORPORATION as Owner of THE CHEROKEE, for exoneration from or limitation of liability.

United States District Court E. D. Virginia, Newport News Division.

December 20, 1957.

Attorney(s) appearing for the Case

Jett, Sykes & Howell, Henry E. Howell, Jr., and R. Arthur Jett, Norfolk, Va., for petitioner.

Ferguson, Yates & Stephens, Newport News, Va., Baird, Crenshaw & Lanning, Norfolk, Va., William Ferguson, Newport News, Va., Edward R. Baird and Francis N. Crenshaw, Norfolk, Va., for claimant.

WALTER E. HOFFMAN, District Judge.

On April 9, 1956, the trawler Cherokee, owned by petitioner, Cherokee Trawler Corporation, left her home port at Hampton, Virginia, for the purpose of fishing off the North Carolina coast. The catch on the following day was good and the vessel drifted that night. The master of the Cherokee first learned of Northeast storm warnings at 6 A. M. on Wednesday, April 11. Fifteen minutes later he issued instructions to haul up the nets...

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