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CUSHING v. TEXAS & P. RY. CO.

Civ. Nos. 883, 885-888.

99 F.Supp. 681 (1951)

CUSHING v. TEXAS & P. RY. CO. et al., and four other cases.

United States District Court E. D. Louisiana, Baton Rouge Division.

August 24, 1951.

Attorney(s) appearing for the Case

James J. Morrison, Arthur A. de la Houssaye, Browne & Rault, Raymond H. Kierr, New Orleans, La., for plaintiffs.

Breazeale, Sachse, Wilson & Hebert, Baton Rouge, La., for Texas & P. Ry. Co.

Deutsch, Kerrigan & Stiles, New Orleans, La., for Maryland Cas. Co. and Home Ins. Co. of New York.

WRIGHT, District Judge.

Five suits now consolidated were brought against the liability underwriters of the owner and charterer of the towboat Jane Smith as well as against the Texas & Pacific Railway Company to recover damages for the death of seamen employed aboard the vessel. The men were drowned when the towboat capsized and sank in the Atchafalaya River. Plaintiffs' right to bring a direct action against the underwriters of the owner and charterer is predicated...

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