CITY OF GRETNA v. DEFENSE PLANT CORPORATION

No. 11777.

159 F.2d 412 (1947)

CITY OF GRETNA v. DEFENSE PLANT CORPORATION.

Circuit Court of Appeals, Fifth Circuit.

February 15, 1947.


Attorney(s) appearing for the Case

Andrew H. Thalheim, of Gretna, La., for appellant, Jos. M. Rault, Walter Carroll, and Alfred M. Farrell, Jr., all of New Orleans, La., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

The City of Gretna appeals from a summary judgment against it in its suit against the Defense Plant Corporation, wherein it sought recovery for the destruction of piling erected by it in the Mississippi River, alleged to have been destroyed by a tug of the defendant that collided with the piling.

On a motion for summary judgment, it appeared that the appellee owned twenty-one tugs at the time of the collision, one of which did the damage...

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