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IDEAL CEMENT CO. v. HOME INS. CO.

No. 14789.

210 F.2d 937 (1954)

IDEAL CEMENT CO. v. HOME INS. CO. et al.

United States Court of Appeals, Fifth Circuit.

March 12, 1954.

Attorney(s) appearing for the Case

J. Edward Thornton, by Vickers & Thornton, Mobile, Ala., for appellant.

Eberhard P. Deutsch, Brunswick A. Deutsch, New Orleans, La., T. K. Jackson, Jr., Palmer Pillans, Deutsch, Kerrigan & Stiles and Inge, Twitty, Armbrecht & Jackson, Mobile, Ala., for appellee, René H. Himel, Jr., New York City, of counsel.

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

HUTCHESON, Chief Judge.

Appellant, libelant below, brought a libel in personam against the hull underwriters of its Barge 105 to recover for the loss sustained in the sinking, raising and repairing of the vessel. Under the 56th Admiralty Rule, the underwriters impleaded the Tug Virginia A, which had towed the barge, and her owner, Sam A. McDonald. Libelant also filed a libel in personam against McDonald, in which it alleged negligent towage.

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