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ARTHUR-SMITH CORP. v. GULF STATES MARINE & MINING CO.

No. 17033.

258 F.2d 449 (1958)

ARTHUR-SMITH CORPORATION, Appellant, v. GULF STATES MARINE & MINING COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

August 27, 1958.

Attorney(s) appearing for the Case

Robert Eikel, Houston, Tex., J. Barbee Winston, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., for appellant.

Thomas B. Wheeler, New Orleans, La., Wheeler, Stewart, Exnicious & Mestayer, New Orleans, La., for appellee.

Before RIVES, BROWN, and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

The libel in this case is based on a head-on collision that occurred in the Harvey Canal between the tug John Arthur, owned by Arthur-Smith Corporation, and a barge belonging to Gulf States Marine & Mining Company. The district court rendered its decree in favor of libellant. We agree.

At approximately seven o'clock in the morning, on February 4, 1954, the tugboat Dawn, owned by libellant, was proceeding in an easterly direction...

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