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SOUTHERN PACIFIC COMPANY v. UNITED STATES

No. 5702.

250 F.Supp. 912 (1966)

SOUTHERN PACIFIC COMPANY, Libelant, v. The UNITED STATES of America, Respondent.

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

February 17, 1966.

Attorney(s) appearing for the Case

Chaffe, McCall, Phillips, Burke, Toler & Hopkins, James G. Burke, Jr., Robert B. Deane, for libelant.

Ernest N. Morial, Asst. U. S. Atty., Eastern Dist. of Louisiana, Allen Van Emmerik, Harold G. Wilson, Attys., Dept. of Justice, for respondent.

AINSWORTH, District Judge:

This libel was filed by Southern Pacific Company against the United States of America,1 for damages sustained in the early morning of April 8, 1962, when the Berwick Bay railroad bridge, owned and operated by libelant, was struck by the United States Navy Tug USS BLACK FOX. The BLACK FOX was not damaged.

The Berwick Bay railroad bridge spans the lower reaches of the Atchafalaya River between Morgan City...

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