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SCHWABE v. THE M/V BIRNEY R

No. 3978.

198 F.Supp. 515 (1961)

O. J. SCHWABE, Libelant, v. THE M/V BIRNEY R, her engines, tackle, apparel, furniture, etc., and Henry A. Billiot and Gilbert A. Reine, Respondents.

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

October 25, 1961.

Attorney(s) appearing for the Case

Phelps, Dunbar, Marks, Claverie & Sims, John Poitevent, New Orleans, La., for libelant.

Lemle & Kelleher, George B. Matthews, George A. Frilot, III, Charles E. Lugenbuhl, Newton Buckner Barkley, Jr., New Orleans, La., for respondents.

J. SKELLY WRIGHT, District Judge.

This collision between the tows of the M/V Birney R1 and the tug Katherine H2 occurred in the Mississippi River about 150 feet off the west bank, somewhere between Algiers Point and the new Mississippi River bridge. Both vessels admit operating in a fog without a lookout on the head of the tow. Yet each says the other is wholly at fault. The case, of course, is obviously one...

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