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BRAITHWAITE LANDS LIQUIDATION CO. v. THE BEN HUR

No. 14550.

212 F.2d 851 (1954)

BRAITHWAITE LANDS LIQUIDATION CO., Inc. v. THE BEN HUR et al.

United States Court of Appeals Fifth Circuit.

May 14, 1954.

Attorney(s) appearing for the Case

Henry B. Curtis, Curtis, Foster & Dillon, New Orleans, La., for appellant.

Geo. B. Matthews, Charles Kohlmeyer, Jr., New Orleans, La., Lemle & Kelleher, New Orleans, La., of counsel, for appellee.

Before BORAH and RUSSELL, Circuit Judges, and DAWKINS, District Judge.

RUSSELL, Circuit Judge.

This is a libel filed by appellant against the Tug Ben Hur, owned and operated by Marine Engineering & Towboat Company, Inc., to recover for damage to its wharf alleged to have been sustained on February 26, 1950. The theory of appellant is that the Ben Hur and her tow hit the wharf with considerable force while effecting a landing and caused the damage complained of. The appellee admitted that it tied to the wharf on the night in question...

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