While sailing on a broad reach towards a leeward mark, Mist (M) overtook Solenta (W) and L, and obtained an overlap between them when they were about 50 feet apart. The boats were about 25 feet in length. L luffed slightly and M responded, but W maintained her course and trimmed in her mainsail to avoid contact with M.

W protested M, claiming she broke rule 17, in that, as a leeward boat having become overlapped from clear astern, she had sailed above her proper course. The protest committee disqualified M, who appealed the decision.

When M became overlapped with W, W was able to give M room to pass L, an obstruction; therefore W was required to give M room to pass L under rule 19.2(b), and was also required by rule 11 (On the Same Tack, Overlapped) to keep clear of M. Concerning W’s argument, M’s proper course in the absence of W, the other boat referred to in rule 17 (see the definition Proper Course), was to luff in response to L’s luff, which she did as required by rule 11.