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LYKES BROS. STEAMSHIP CO. v. UNION CARBIDE & C. CORP.

No. 16793.

253 F.2d 444 (1958)

LYKES BROS. STEAMSHIP COMPANY, Inc., and J. W. Banta, d/b/a Banta Towing Company, Appellants, v. UNION CARBIDE & CARBON CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 30, 1958.

Attorney(s) appearing for the Case

Adams & Reese, New Orleans, La., for J. W. Banta.

George C. Ehmig, Alfred M. Farrell, Jr., New Orleans, La., Terriberry, Young, Rault & Carroll, New Orleans, La., of counsel, for Lykes Bros. S. S. Co.

Selim B. Lemle, Geo. B. Matthews, New Orleans, La., Lemle & Kelleher, New Orleans, La., for Union Carbide & Carbon Corp.

Before BORAH and JONES, Circuit Judges, and WRIGHT, District Judge.

J. SKELLY WRIGHT, District Judge.

On July 21, 1951 appellee's barge, CC-204, the second of a two-barge tow being pushed by the Tug Anita D,1 was in collision with the SS Velma Lykes2 in the Houston Ship Channel. The able and experienced trial court, whose Findings of Fact3 are not clearly erroneous,4 held both the Tug Anita D and the SS Velma Lykes to...

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