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GULF WAVE TOWING COMPANY v. MITCHELL

Nos. 3542, 3733, 3935.

176 F.Supp. 636 (1959)

GULF WAVE TOWING COMPANY, Inc., Libellant, v. V. J. MITCHELL, Respondent, Antoine Cheramie, Ramsey Cheramie, Harding Cheramie, in Personam, and THE Motor Tug CARLTON in Rem, Respondents Impleaded. CLARKE EQUIPMENT CORPORATION, Libellant, v. THE Tug CARLTON, her engines, etc., and Antoine Cheramie and Harding Cheramie d/b/a Roland Towing Company, Respondents, V. J. Mitchell, Respondent Impleaded. CLARKE EQUIPMENT CORPORATION, Libellant, v. GULF WAVE TOWING COMPANY, Inc., and V. J. Mitchell, Respondents.

United States District Court E. D. Louisiana, New Orleans Division.

September 8, 1959.

Attorney(s) appearing for the Case

Charles E. Richards, New Orleans, La., for Gulf Wave Towing Co., Inc., Libellant in Admiralty 3542 and Respondent in Admiralty 3935.

James J. Morrison, Wilder K. Kuhn, New Orleans, La., for V. J. Mitchell, Respondent in Admiralty 3542, Respondent Impleaded in Admiralty 3733, and Respondent in Admiralty 3935.

Lemle & Kelleher, Charles E. Lugenbuhl, Thomas H. Leach, New Orleans, La., for Antoine Cheramie, Ramsey Cheramie, Harding Cheramie and the Motor Tug Carlton, Respondents Impleaded in Admiralty 3542 and Respondents in Admiralty 3733.

J. SKELLY WRIGHT, District Judge.

These three libels, consolidated for trial, all arise out of the sinking and subsequent loss of the Barge W-123 in the Mississippi River near Happy Jack, Louisiana, on October 10, 1957. The first proceeding was brought by Gulf Wave Towing Company, Inc., as a broker, for various towing services performed for V. J. Mitchell, a contractor, at whose landing the barge sank. Mitchell, in this proceeding, filed a cross-libel against Gulf...

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