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UNITED STATES v. SMITH

No. 12131.

168 F.2d 43 (1948)

UNITED STATES v. SMITH et al.

Circuit Court of Appeals, Fifth Circuit.

May 19, 1948.

Attorney(s) appearing for the Case

Brian S. Odem, U. S. Atty., and Newton M. Crain, Jr., Asst. U. S. Atty., both of Houston, Tex., for appellant.

M. S. McCorquodale, of Houston, Tex., for appellee.

Before SIBLEY, McCORD, and LEE, Circuit Judges.

McCORD, Circuit Judge.

Charles C. Smith & Company, owner of the Tug, Viva Clare, and the Oil Barges, Joseph W. Smith, and Dave Scruggs, filed this libel in rem against the S. S. Molina Del Rey, and in personam against the United States of America.

The S. S. Molina Del Rey, on June 5, 1943, was involved in a collision with the Libellant's barges, Joseph W. Smith and Dave Scruggs, while these barges were being towed by the Tug, Viva Clare, in the Sabine...

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