KOCH-ELLIS MARINE CONTRACT. v. PHILLIPS PETROLEUM CO.

No. 15201.

219 F.2d 520 (1955)

KOCH-ELLIS MARINE CONTRACTORS, Inc., individually and as claimant of the barge KE-14, Appellant, v. PHILLIPS PETROLEUM COMPANY, Appellee.

United States Court of Appeals, Fifth Circuit.

February 9, 1955.


Attorney(s) appearing for the Case

Joseph V. Ferguson, II, Cobb & Wright, New Orleans, La., for appellant.

Alfred M. Farrell, Jr., and Benjamin W. Yancey, New Orleans, La., Terriberry, Young, Rault & Carroll, New Orleans, La., of counsel for appellee.

Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.


HUTCHESON, Chief Judge.

Alleging a written contract of affreightment, the duty of respondent thereunder to furnish a seaworthy barge for the carriage of a cargo of oil, its failure to do so, the sinking of the barge, and the loss of the cargo, appellee, libelant below, brought this suit against respondent and the barge for its damages.

Appellant, respondent and claimant below, denying fault on the part of the respondent and barge, alleged fault on libelant...

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