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BISSO v. INLAND WATERWAYS CORP.

No. 14802.

211 F.2d 401 (1954)

BISSO v. INLAND WATERWAYS CORP.

United States Court of Appeals Fifth Circuit.

March 26, 1954.

Attorney(s) appearing for the Case

Francis Emmett, Eberhard P. Deutsch, Rene H. Himel, Jr., John W. Sims, Deutsch, Kerrigan & Stiles, New Orleans, La., Phelps, Dunbar, Marks & Claverie, New Orleans, La., of counsel, for appellant.

M. Hepburn Many, Asst. U. S. Atty., New Orleans, La., Leavenworth Colby, Sp. Asst. to Atty. Gen., Warren E. Burger, Asst. Atty. Gen., George R. Blue, U. S. Atty., New Orleans, La., John J. Cound, Attorney, Department of Justice, Washington, D. C., for appellee.

Selim B. Lemle, Charles Kohlmeyer, Jr., George B. Matthews, New Orleans, La., Lemle & Kelleher, New Orleans, La., of counsel, amici curiæ.

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

HUTCHESON, Chief Judge.

This is an appeal from a final decree dismissing appellant's libel in personam against Inland Waterways Corporation, owner of the Towboat Cairo, to recover for loss of appellant's Steel Tank Barge Bisso No. 9 while in tow of the Cairo, by the latter's negligence.

On December 1, 1943, National Oil Transport Corporation, charterer of appellant's barge, entered into a contract with appellee for towage of a number of National's barges,...

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