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DIAMOND v. THE MOTOR VESSEL FERNSIDE

No. 16917.

252 F.2d 381 (1958)

B. F. DIAMOND, Trading as Diamond Construction Company, Appellant, v. THE MOTOR VESSEL FERNSIDE, her engines, boilers, etc., and A/S Glittre, Appellees.

United States Court of Appeals Fifth Circuit.

March 5, 1958.

Attorney(s) appearing for the Case

E. Ormonde Hunter, Malcolm Maclean, Savannah, Ga., for appellant, Connerat, Dunn, Hunter, Cubbedge & Houlihan, Savannah, Ga., of counsel.

Harold A. Mouzon, Moore & Mouzon, Charleston, S. C., for appellees.

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

PER CURIAM.

This is not the normal collision case with loyal and earnest adherents swearing contradictorily. A simple case coming up on a small record, with no material facts in dispute, it presents the picture of an overtaking vessel, the Motor Vessel Fernside, coming up in a narrow channel dead astern of, and running into and ramming, libellant's tug and tow.

The libel, in addition to the usual formal averments and an allegation that the Tug-tow was overtaken...

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