MISSISSIPPI VALLEY BARGE LINE CO. v. INDIAN TOWING CO.

No. 15785.

232 F.2d 750 (1956)

MISSISSIPPI VALLEY BARGE LINE COMPANY, Claimant of THE Barge MV 603, her tackle, apparel, etc., Appellant, v. INDIAN TOWING COMPANY, Inc., Owner of THE Tug CHEROKEE on behalf of itself and her crew members, Appellees.

United States Court of Appeals Fifth Circuit.

April 20, 1956.


Attorney(s) appearing for the Case

Selim B. Lemle, Geo. B. Matthews, Lemle & Kelleher, New Orleans, La., Proctors for Mississippi Valley Barge Line Co.

Alfred M. Farrell, Jr., New Orleans, La., Terriberry, Young, Rault & Carroll, New Orleans, La., of counsel, for appellees.

Before BORAH, TUTTLE and BROWN, Circuit Judges.


BROWN, Circuit Judge.

While the appeal apparently asks us to assay the ruling of the District Court, we have a feeling that it is the former action of this Court, not the one below, which is really to be reviewed. This is so because, in an otherwise routine maritime salvage case presenting the usual factual controversies left wisely to the trial judge for resolution, the real question is whether we are committed to a specific rule which the District Court ought to...

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