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IN RE INDEPENDENT TOWING COMPANY

Admiralty No. 6267.

242 F.Supp. 950 (1965)

In the Matter of INDEPENDENT TOWING COMPANY, Inc., as Owner of the TUG ITCO, III, praying for exoneration from or limitation of liability.

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

On Rehearing June 18, 1965.

Attorney(s) appearing for the Case

Charles Kohlmeyer, Jr., George A. Frilot, III, George B. Matthews, and Lemle & Kelleher, New Orleans, La., for petitioners Independent Towing Co. and for Scottish Union and National Insurance Co. and Stuyvesant Ins. Co., as underwriters for petitioner.

Donn Moss, Herbert, Glusman & Moss, Baton Rouge, La., S. E. Lee, Jr., Berry and Lee, Winnsboro, La., for Mrs. Mary Cockerham, as administratrix for Estate of Arnold Cockerham.

Robert B. Acomb, Jr., and Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for claimant-respondent, Gulf Oil Corporation.

George V. Baus and Adams & Reese, New Orleans, La., for Fowler Pipeline Contractors, Inc., and Aetna Casualty and Surety Co.

Samuel Gainsburgh, Kierr & Gainsburgh, New Orleans, La., amici curiæ.

FRANK B. ELLIS, District Judge.

The vessel owner in this case has filed a limitation proceeding in connection with a maritime casualty which occurred in Louisiana. The customary monition has been issued along with an injunction prohibiting all other suits against the vessel and the owner. The claimants, pursuant to the provisions of Louisiana's Direct Action Statute (LSA-R.S. 22:655) have instituted civil actions against the vessel's underwriters. The underwriters...

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