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HOTARD v. BRODR WILHELMSEN AKTIESELSKABET

No. 4996.

23 F.2d 668 (1928)

HOTARD v. BRODR WILHELMSEN AKTIESELSKABET.

Circuit Court of Appeals, Fifth Circuit.

January 12, 1928.

Attorney(s) appearing for the Case

W. J. Waguespack, Jr., of New Orleans, La. (Legier, McEnerny & Waguespack, of New Orleans, La., on the brief), for plaintiff in error.

John D. Grace, M. A. Grace, and Edwin H. Grace, all of New Orleans, La., for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

On June 25, 1923, the steamship Wayland, owned by defendant in error, ran into and damaged a dike which plaintiff in error was constructing in the Mississippi river near Pilot Town. On June 27, 1923, a libel in rem was filed against the ship in the Southern district of Alabama and she was seized under admiralty process. On February 26, 1925, that suit was dismissed for want of jurisdiction in admiralty. On October 2, 1925, the instant suit was...

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