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OTTO CANDIES, INC. v. M/V MADELINE D

No. 82-3630. Summary Calendar.

721 F.2d 1034 (1983)

OTTO CANDIES, INC., Plaintiff-Appellant, v. M/V MADELINE D, her engines, tackle, etc., in rem, and Jessie J. Duet, d/b/a Duet Boat Company, in personam, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 27, 1983.

Attorney(s) appearing for the Case

Deutsch, Kerrigan & Stiles, G. Alex Weller, C.G. van Dalen, New Orleans, La., for plaintiff-appellant.

Lemle, Kelleher, Kohlmeyer, Hal C. Welch, New Orleans, La., for defendants-appellees.

Before BROWN, TATE and HIGGINBOTHAM, Circuit Judges.

TATE, Circuit Judge:

In this maritime case of negligent towage, the plaintiff owner ("Candies") sues the MADELINE D, a towing vessel, and its owner to recover damages arising out of the capsizing and sinking of its tug the FERDIE CANDIES. Candies appeals from adverse judgment, contending, inter alia, that the district court, after finding that both vessels were operated in violation of a rule designed to assure navigational...

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