UNITED STATES of America, Appellant,
v.
CARGILL, INC., et al, Appellees. UNITED STATES of America, Appellant,
v.
2,220,000 POUNDS CHLORINE Cargo ex BARGE WYCHEM 112 and Containers in Rem and Union Carbide Corp., et al., in Personam, Appellees.
United States Court of Appeals Fifth Circuit.https://leagle.com/images/logo.png
July 13, 1966.
Rehearing Denied September 12, 1966.
Attorney(s) appearing for the Case
Martin Jacobs, Alan S. Rosenthal, Attys., Dept. of Justice, Washington, D. C., John W. Douglas, Asst. Atty. Gen., Louis C. Lacour, U. S. Atty., for appellant.
Lucian Y. Ray, Cleveland, Ohio, Benjamin Yancey, Alfred M. Farrell, Jr., New Orleans, La., William D. Carle, Cleveland, Ohio, McCreary, Hinslea & Ray, Cleveland, Ohio, and Terriberry, Rault, Carroll, Yancey & Farrell, New Orleans, La., of counsel, for appellee, Wyandotte Transportation Co.
George B. Matthews, Lemle & Kelleher, George A. Frilot, III, New Orleans, La., for Union Barge Line Corp.
Tom F. Phillips, Baton Rouge, La., J. Barbee Winston, New Orleans, La., Taylor, Porter, Brooks, Fuller & Phillips, Baton Rouge, La., Phelps, Dunbar, Marks, Claverie & Sims, Gerard T. Gelpi, New Orleans, La., of counsel, for appellees Cargill, Inc., Cargo Carriers, Inc., Inland Rivers Transportation Co., Jeffersonville Boat and Machine Co., Continental Ins. Co., and Travelers Ins. Co.
Robert B. Acomb, Jr., George Denegre, John R. Peters, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for Union Carbide Corp.
Before RIVES and GEWIN, Circuit Judges, and ALLGOOD, District Judge.
United States Court of Appeals Fifth Circuit.
GEWIN, Circuit Judge:
This is an appeal from the judgment of the United States District Court for the Eastern District of Louisiana in two admiralty cases involving the question of whether one, who by his alleged acts of negligence causes a vessel to sink and obstruct navigation in inland waterways, may abandon the vessel without incurring liability for either its removal or cost of removal. The cases were consolidated1 by the District...
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