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UNITED STATES v. DANIELS TOWING & DRYDOCK

No. 14597.

214 F.2d 501 (1954)

UNITED STATES v. DANIELS TOWING & DRYDOCK, Inc. et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 9, 1954.

Attorney(s) appearing for the Case

William T. Foley, Jr., Atty., Dept. of Justice, Leavenworth Colby, Sp. Asst. Atty. Gen., Admiralty & Shipping Section, Washington, D. C., Fred Botts, Asst. U. S. Atty., Miami, Fla., Warren E. Burger, Asst. Atty. Gen., James L. Guilmartin, U. S. Atty., Miami, Fla., for appellant.

Robert F. Underwood, Miami, Fla., Martin Sack, Jacksonville, Fla., Alexander S. Gordon, Knight, Smith & Underwood, Miami Beach, Fla., for appellee.

Before STRUM, and RIVES, Circuit Judges, and DAWKINS, District Judge.

RIVES, Circuit Judge.

This is an amended libel by Daniels Towing and Drydock, Inc. against East Coast Shipping Co., Inc., the bareboat charterer of certain Navy barges, for which its trustee in bankruptcy was substituted, and against the United States of America, the owner of the barges, the libel being based on a contract for towage services. Two principal questions are presented for decision by this Court: (1), whether the district court had power to refer the entire...

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