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BEAUFORT & MOREHEAD R. CO. v. DAMYANK

No. 218.

122 F.Supp. 82 (1954)

BEAUFORT & MOREHEAD R. CO. et al. v. The DAMYANK et al. The CITY OF FAYETTEVILLE.

United States District Court E. D. North Carolina, New Bern Division.

May 4, 1954.

Attorney(s) appearing for the Case

J. F. Duncan and C. R. Wheatly, Jr., Beaufort, N. C., for libelants.

Hughes, Little & Seawell, Norfolk, Va., R. E. Whitehurst, New Bern, N. C., for intervening libelant.

John W. Oast, Jr., Norfolk, Va., for respondents.

GILLIAM, District Judge.

These are the facts found by the Court:

Libellants are, respectively, owner and operator of a railway bridge over the Newport River between Morehead City and Beaufort, North Carolina. Respondent, Lynch Brothers, is the owner and operator of the tug and barge involved.

The railway bridge runs in a generally east and west direction parallel to and twelve feet north of a State Highway...

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