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JEMISON v. THE DUPLEX

Nos. 2590, 2596, 2619.

163 F.Supp. 947 (1958)

E. W. JEMISON and Charles W. Plash and Evelyn Plash Hooks, as Co-executors of the last will and testament of Laura K. Plash, deceased, Libelants, v. THE Dredge DUPLEX, her engines, boilers, tackle, apparel, etc., and its owners, The Great Lakes Dredge & Dock Company, Respondents-Petitioner, United States of America, Respondent-Impleaded, Petitioner, Standard Dredging Corporation, Respondent-Impleaded. CITY OF MOBILE, a municipal corporation, as owner of a dock located on the Mobile River, at Mobile, Alabama, Libelant, v. THE Dredge DUPLEX, her engines, boilers, tackle, apparel, etc., and its owners, The Great Lakes Dredge & Dock Company, Respondents-Petitioner, United States of America, Respondent-Impleaded, Petitioner, Standard Dredging Corporation, Respondent-Impleaded. Arwood H. GINN, Libelant, v. GREAT LAKES DREDGE & DOCK COMPANY, Respondent-Petitioner, United States of America, Respondent-Impleaded, Petitioner, Standard Dredging Corporation, Respondent-Impleaded.

United States District Court S. D. Alabama, S. D.

July 31, 1958.

Attorney(s) appearing for the Case

R. B. Wilkins, of Cunningham & Wilkins, Mobile, Ala., for libelants.

Francis H. Inge, of Inge & Twitty, Mobile, Ala., Deutsch, Kerrigan & Stiles, New Orleans, La., for dredging companies.

Ralph Kennamer, U. S. Atty., Mobile, Ala., Lawrence F. Ledebur, Atty., Admiralty & Shipping Section, U. S. Dept. of Justice, Washington, D. C., for the United States.

DANIEL HOLCOMBE THOMAS, District Judge.

These suits, consolidated for trial, grew out of damage done to wharves bordering the Mobile River during a dredging operation.

Findings of Fact

1. On December 9, 1955, respondent-impleaded, United States of America, entered into a contract with respondent-impleaded, Standard Dredging Corporation, to deepen the ship channel of the Mobile River. The latter entered into a sub-contract with respondent, Great Lakes...

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