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J. RAY McDERMOTT v. DEPT. OF HIGHWAYS, STATE OF LA.

No. 17668.

267 F.2d 317 (1959)

J. RAY McDERMOTT & CO., Inc., Appellant, v. DEPARTMENT OF HIGHWAYS, STATE OF LOUISIANA, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 20, 1959.

Attorney(s) appearing for the Case

J. Y. Gilmore, Jr., Francis Emmett, Faris, Leake & Emmett, New Orleans, La., for J. Ray McDermott & Co., Inc.

George W. Lester, W. Crosby Pegues, Jr., D. Ross Banister, Philip K. Jones, Baton Rouge, La., for Department of Highways, State of Louisiana.

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

HUTCHESON, Chief Judge.

This appeal is in very narrow compass. It presents a single question, whether the Department of Highways of the State of Louisiana, which is a department of the state, can be made to stand in judgment in a tort action in admiralty arising out of the collision of libellant's barges with Bourg Bridge, located at the intersection of the old Intracoastal Water Way and Bayou Terrebonne Parish, Louisiana.

The matter comes up in this way....

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