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National Marine Service, Inc. v. Avondale Marine Ways, Inc., and Louis C. Dorr, Sr

NATIONAL MARINE SERVICE, INC., v. AVONDALE MARINE WAYS, INC., and Louis C. Dorr, Sr.

Nat'l Marine Serv., Inc. v. Avondale Marine Ways, Inc., 287 F.2d 889 (5th Cir. 1961)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
April 5, 1961
Docket
No. 18493
Judges
Jones, Brown, Carswell
Citations
287 F.2d 8891961 A.M.C. 10401961 U.S. App. LEXIS 4901

Opinion — Per Curiam

PER CURIAM.

The Crescent Cities with a tow of two oil barges ahead and bound up the Mississippi River collided with the starboard quarter of the harbor pusher type tug Big Louie. The District Court on ample basis found the Crescent Cities guilty of the most flagrant faults. To those asserted against the Big Louie, the Court found that “Most of” the “charges of fault * * * are not supported by the evidence * * *,” and as to others they were, if faults at all, technical in nature and noncontributory in fact. For the reasons set forth in the detailed opinion, Avondale Marine Ways, Inc. v. The Crescent Cities, D.C.E.D.La.1960, 184 F.Supp. 773, 776 , 1960 A.M.C. 1451 , the findings of fact reached are not clearly erroneous. McAllister v. United States, 1954, 348 U.S. 19 , 75 S.Ct. 6 , 99 L.Ed. 20 , 1954 A.M.C. 1999 ; Mississippi Shipping Co. v. Zander & Co., 5 Cir., 1959, 270 F.2d 345, 347 , 1959 A.M.C. 2143 ; 273 F.2d 618 , 1960 A.M.C. 247 . The legal conclusions based on them are likewise correct.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1968: 21979: 119682026peak 1968 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
McAllister v. United States, 348 U.S. 19 (1954) 912
Miss. Shipping Co. v. Zander & Co., 270 F.2d 345 (5th Cir. 1959) 13
Avondale Marine Ways, Inc. v. the Crescent Cities, 184 F. Supp. 773 (E.D. La. 1960) 6

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