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MISSISSIPPI VALLEY BARGE LINE CO. v. T. L. JAMES & CO.

Nos. 16469, 16470.

244 F.2d 263 (1957)

MISSISSIPPI VALLEY BARGE LINE COMPANY, Appellant, v. T. L. JAMES & CO., Inc., et al., Appellees. MISSISSIPPI VALLEY BARGE LINE COMPANY, Appellant, v. T. L. JAMES & CO., Inc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 25, 1957.

Attorney(s) appearing for the Case

Selim B. Lemle, New Orleans, La., Lemle & Kelleher, New Orleans, La., of counsel, for appellant.

Charles E. Dunbar, III, John W. Sims, New Orleans, La., Jas. Hy. Bruns, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., of counsel, for appellees.

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

HUTCHESON, Chief Judge.

These two appeals from judgments in related actions, arising out of the sinking of the LaBelle and consolidated for trial, present for our decision two primary questions: one, whether the district judge correctly held1 that the sinking was due to the negligence and fault of the appellant; the other, if so, whether the appellant was entitled to invoke the exoneration afforded by Section 3 of the Harter Act and the...

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