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SMITH v. SOUTHERN DRY DOCK & SHIPBUILDING CO.

No. 4531.

13 F.2d 112 (1926)

SMITH et al. v. SOUTHERN DRY DOCK & SHIPBUILDING CO.

Circuit Court of Appeals, Fifth Circuit.

May 14, 1926.

Attorney(s) appearing for the Case

Geo. H. Terriberry and Walter Carroll, both of New Orleans, La. (Terriberry, Rice & Young, of New Orleans, La., on the brief), for appellants.

James A. Leathers, of Gulfport, Miss., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

This is an appeal in admiralty from a judgment awarding appellee $4,711.02 as a balance due for certain repairs to the tug Empire, owned by appellant Smith. Only questions of fact are presented.

It appears the parties entered into a contract for certain repairs to the vessel in June, 1922. The tug was put in the dry dock operated by appellee, and the repair work proceeded with. There is no dispute as to this contract. Thereafter another...

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