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BISSO TOWBOAT CO. v. LOUISIANA RY. & NAV. CO.

No. 5433.

31 F.2d 981 (1929)

BISSO TOWBOAT CO. v. LOUISIANA RY. & NAV. CO.

Circuit Court of Appeals, Fifth Circuit.

April 15, 1929.

Attorney(s) appearing for the Case

Philip S. Gidiere, of New Orleans, La. (Spencer, Gidiere, Phelps & Dunbar, of New Orleans, La., on the brief), for appellant.

R. E. Milling, Jr., of New Orleans, La. (Milling, Godchaux, Saal & Milling, of New Orleans, La., on the brief), for appellee.

Before WALKER and BRYAN, Circuit Judges, and BORAH, District Judge.

PER CURIAM.

This is a libel in admiralty, which the District Court dismissed for delay in prosecution; but as it appears that, after a motion to dismiss was filed by appellee, both sides proceeded with the taking of testimony, and that motion was not called up for disposition until the final hearing, we proceed without further comment to a consideration of the case on its merits.

The libel was brought by appellant to recover damages for the sinking of its...

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