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FitzSIMMONS v. JONES TOWING, INCORPORATED

Civ. A. Nos. 64-467, 64-468.

238 F.Supp. 92 (1965)

Jeannie Bell FitzSIMMONS, as Executrix of the Estate and Under the Last Will and Testament of Howind FitzSimmons, Deceased, Plaintiff, v. JONES TOWING, INCORPORATED, a corporation, et al., Defendants. Nellie SWANSON, as Administratrix of the Estate of Johnnie C. Hightower, Deceased, Plaintiff, v. JONES TOWING, INCORPORATED, a corporation, et al., Defendants.

United States District Court N. D. Alabama, Middle Division.

February 2, 1965.

Attorney(s) appearing for the Case

Maurice F. Bishop, of Bishop & Carlton, Birmingham, Ala., for plaintiffs.

James E. Clark, of London, Yancey, Clark & Allen, Birmingham, Ala., and Cornelius G. Van Dalen, of Deutsch, Kerrigan & Stiles, New Orleans, La., for defendant.

GROOMS, District Judge.

These cases are before the Court on defendant's motions to quash service. Purported service was procured under Section 199(1) of Title 7, Code of Alabama, 1940 as amended.1

On October 18, 1963, the M/V Annette Jones and her tow of three empty barges returning from her unloading point at Chattanooga, Tennessee, to Wood River, Illinois, collided with a cabin cruiser owned by Howind FitzSimmons. The collision...

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