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JOHNSON v. WURTHMAN

Civ. 63-330.

227 F.Supp. 135 (1964)

Petition of Morgan T. JOHNSON, Sr., and Marg (Mary) H. Johnson, for exoneration from or limitation of liability as owners of a Mercury Sabre 16-foot Hull, Inboard Motor-Boat, State of Oregon State Marine Board Title No. 5209 v. Marilyn H. WURTHMAN, Marilyn H. Wurthman, Administratrix of the Estate of Michael David Wurthman, Deceased, and Morgan Johnson, Jr., Claimants.

United States District Court D. Oregon.

February 10, 1964.

Attorney(s) appearing for the Case

Kenneth E. Roberts, of Mautz, Souther, Spaulding, Kinsey & Williamson, Portland, Or., for petitioners.

Cleveland C. Cory, of Rockwood, Davies, Biggs, Strayer & Stoel, Portland, Or., for claimants.

KILKENNY, District Judge.

Claimants challenge the right of a Court of Admiralty to entertain jurisdiction of petitioners' claim for exoneration or limitation of liability.1 To be resolved is whether a small inland body of water in the State of Oregon, known as Lake of the Woods, constitutes navigable waters of the United States.

In July, 1961, a motor-boat, utilized for pleasure, was being operated by Morgan Johnson, Jr., on said...

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