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INDIAN TOWING CO. v. UNITED STATES

No. 14747.

211 F.2d 886 (1954)

INDIAN TOWING CO., Inc. et al. v. UNITED STATES.

United States Court of Appeals, Fifth Circuit.

April 22, 1954.

Attorney(s) appearing for the Case

Richard B. Montgomery, Jr., New Orleans, La., for appellant.

M. Hepburn Many, Asst. U. S. Atty., New Orleans, La., Paul A. Sweeney, Chief Appellate Sec., Dept. of Justice, Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., Warren E. Burger, Asst. Atty. Gen., George R. Blue, U. S. Atty., New Orleans, La., Leavenworth Colby, Atty., Dept. of Justice, for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and BORAH, Circuit Judges.

PER CURIAM.

Brought under the Federal Tort Claims Act, Sec. 1346(b) Title 28 U.S.C., the suit was for cargo damage from the wetting of the cargo of the Barge AS-16, while in tow of the tug "Navajo", as a result of the grounding of the tug on Chandeleur Island on or about October 1, 1951, "due solely to the failure of the light on the island."

The claim was that the failure of the light was due to the negligence of Chief Petty Officer Stone and other officers...

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