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THE LAPWING

No. 11289.

150 F.2d 214 (1945)

THE LAPWING. WILBANKS & PIERCE, Inc., v. HENDRY.

Circuit Court of Appeals, Fifth Circuit.

July 10, 1945.

Attorney(s) appearing for the Case

Benjamin W. Yancey and Jos. M. Rault, both of New Orleans, La., for appellant.

Jas. Hy Bruns, of New Orleans, La., for appellee.

Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.

LEE, Circuit Judge.

Appellant, as owner of the quarterboat "Santee," filed a libel in rem against the tug "Lapwing" to recover for injuries sustained by the "Santee" while being towed by the "Lapwing" from Pascagoula. Mississippi, to Fort Meyers, Florida. When engaged in performing the towage contract, the "Lapwing" tied up the quarterboat in Carrabelle Inlet, Florida, for the night. As the tide ebbed during the night, the quarterboat settled on submerged piling,...

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