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HALLIBURTON OIL WELL CEM. CO. v. STELLMAN TRANSP. CO.

No. 116.

123 F.Supp. 568 (1954)

HALLIBURTON OIL WELL CEMENTING CO., Libelant, v. STELLMAN TRANSPORTATION CO., Respondent.

United States District Court S. D. Texas, Corpus Christi Division.

April 23, 1954.

Attorney(s) appearing for the Case

Fischer, Wood, Burney & Nesbitt, Corpus Christi, Tex., Cox, Wagner, Adams & Wilson, Brownsville, Tex., for libelant.

Kleberg, Nobley, Lockett & Weil, Corpus Christi, Tex., for respondent.

ALLRED, District Judge.

Proceeding for damages to libelant's Barge 403 which capsized while being towed by the tug Maco Stewart, owned and operated by respondent. After offering evidence designed to show that the barge was seaworthy when it was delivered to the Maco Stewart and thereafter capsized while under the exclusive custody and control of the tug, libelant rested on the theory that prima facie negligence had been shown, thus shifting the burden to the tug to...

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