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CAPEHORN STEAMSHIP CORPORATION v. TEXAS COMPANY

No. 2876.

152 F.Supp. 33 (1957)

CAPEHORN STEAMSHIP CORPORATION, as Owner of THE S.S. CHRYSS JANE, Libellant, v. The TEXAS COMPANY, Respondent.

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

June 12, 1957.

Attorney(s) appearing for the Case

Phelps, Dunbar, Marks, Claverie & Sims, John W. Sims, New Orleans, La., for libellant.

Terriberry, Young, Rault & Carroll, Benjamin W. Yancey, New Orleans, La., for respondent.

J. SKELLY WRIGHT, District Judge.

The real party in interest in these proceedings is libellant's hull insurer for the S.S. Chryss Jane. After indulgently paying its assured's claim, obviously predicated on fabricated log entries, the insurer now seeks in these proceedings to recover against the party allegedly causing the hull damage. In so doing it uses the same fabricated log entries supported primarily by the testimony of their author.1

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