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KOCH-ELLIS MARINE CONTR., INC. v. CAPETAN DIMITRIS

Nos. 2834, 2835.

176 F.Supp. 645 (1959)

KOCH-ELLIS MARINE CONTRACTORS, INC., Libellant, v. THE Steamship CAPETAN DIMITRIS, etc., Respondent. PAN-AM SOUTHERN CORPORATION, Libellant, v. THE Steamship CAPETAN DIMITRIS, etc., Respondent.

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

September 15, 1959.

Attorney(s) appearing for the Case

Cobb & Wright, Joseph V. Ferguson, II, New Orleans, La., for Koch-Ellis Marine Contractors, Inc.

Deutsch, Kerrigan & Stiles, Joaquin Campoy, New Orleans, La., for Pan-Am Southern Corp.

Terriberry, Rault, Carroll, Martinez & Yancey, Walter Carroll, Jr., New Orleans, La., for respondent.

J. SKELLY WRIGHT, District Judge.

In navigating the tortuous Mississippi River below New Orleans, the judicially recognized custom is that the upbound vessels come up under the points and the downbound vessels run the bends.1 This is a rule of prudence dictated by the fact that the current in the Mississippi runs downstream into the bends, leaving slack water under the points. The effect of this rule, however, is, in some instances, to...

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