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McKEITHEN v. S.S. FROSTA

Civ. A. Nos. 76-3251, 76-3275 and 76-3654.

441 F.Supp. 1213 (1977)

Dorothy S. McKEITHEN, Individually and on behalf of her deceased husband, Charles F. McKeithen v. The S.S. FROSTA, the M/V GEORGE PRINCE, A/S J. L. Mowinkels Rederi, and the Department of Highways of the State of Louisiana. In the Matter of A/S J. LUDWIG MOWINKELS REDERI, as owner of the M/T FROSTA, Petitioning for exoneration from or limitation of liability. In the Matter of the DEPARTMENT OF HIGHWAYS, STATE OF LOUISIANA, ex rel. William J. GUSTE, Jr., Attorney General, as Owner of the M/V GEORGE PRINCE, Petitioning for exoneration from or limitation of liability.

United States District Court, E. D. Louisiana.

November 17, 1977.

Attorney(s) appearing for the Case

Walter C. Thompson, Jr., New Orleans, La., for Succession of Auletta.

Daniel E. Becnel, Jr., Reserve, Joel T. Chaisson, Destrehan, Eldon E. Fallon, A. Remy Fransen, Jr., New Orleans, La., James A. George, Baton Rouge, La., Salvador H. Gutierrez, Jr., John R. Martzell, New Orleans, La., for plaintiffs.

Francis J. Mooney, Jr., New Orleans, La., for New Orleans — Baton Rouge Steamship Pilots Assn. and Nicholas F. Colombo.

Walter Carroll, Jr., Charles F. Lozes, Benjamin W. Yancey, New Orleans, La., for S.S. Frosta and A/S J. L. Mowinckels Rederi.

John P. Hammond, John R. Peters, Jr., Henry J. Read, New Orleans, La., for the M/V George Prince.

Nigel Rafferty, New Orleans, La., for Southern American Ins. Co.

Donald Ensenat, New Orleans, La., for Dept. of Highways, State of La.

ALVIN B. RUBIN, Circuit Judge:*

OPINION WITH RESPECT TO THE MOTION OF THE PILOTS ASSOCIATION FOR SUMMARY JUDGMENT AGAINST CLAIMS BASED UPON THE NEGLIGENCE OF THE ASSOCIATION:

Persons injured by the alleged negligence of a pilot, who is a member of the Pilots Association, assert that the association itself is liable to them if it was negligent in failing to screen its members for competence, or if it was negligent in failing to...

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