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MISSISSIPPI VALLEY BARGE LINE CO. v. T. L. JAMES & CO.

Civ. A. No. 5320, Admiralty No. 2901.

144 F.Supp. 662 (1956)

MISSISSIPPI VALLEY BARGE LINE COMPANY, Plaintiff, v. T. L. JAMES & CO., Inc., Defendant. T. L. JAMES & CO., Inc., and Brown & Root, Inc., doing business under the name of Louisiana Bridge Company, and T. L. James & Co., Inc., in its individual corporate capacity, Libellant, v. MISSISSIPPI VALLEY BARGE LINE COMPANY and THE M/V CHILDRESS, her engines, tackle, apparel, furniture, etc., Respondent.

United States District Court E. D. Louisiana, New Orleans Division.

September 25, 1956.

Attorney(s) appearing for the Case

Lemle and Kelleher, Selim B. Lemle, Charles Kohlmeyer, Jr., New Orleans, La., for plaintiff and respondent.

Phelps, Dunbar, Marks, Claverie & Sims, Charles E. Dunbar, III, John W. Sims, New Orleans, La., for defendant and libellant.

J. SKELLY WRIGHT, District Judge.

This litigation presents a valiant but unsuccessful attempt to apply the law of common carriage to a contract of towage and thus avoid the public policy restrictions against release from liability for negligence clauses in towage contracts.1 For the reasons hereinafter announced, this attempt fails, not only because certification as a common carrier under the Interstate Commerce Act2...

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