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SOUTHPORT TRANSIT COMPANY v. AVONDALE MARINE WAYS

No. 15843.

234 F.2d 947 (1956)

SOUTHPORT TRANSIT COMPANY, Appellant, v. AVONDALE MARINE WAYS, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 7, 1956.

Attorney(s) appearing for the Case

Benjamin W. Yancey, New Orleans, La., Terriberry, Young, Rault & Carroll, New Orleans, La., of counsel, for appellant.

Selim B. Lemle, George B. Matthews, New Orleans, La., Lemle & Kelleher, New Orleans, La., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and RIVES and JOHN R. BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

A claim with likely, known congenital weaknesses foreshadowing doubtful survival, for fire damage to a tug in a shipyard on August 25, 1946, incubated through the passage of time into one of fairly healthy proportions when it was finally tried nine years later in January 1955. For in the meantime, much grist had been milled.

Where, in 1946, Belden v. Chase, 1893, 150 U...

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