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VLASTOS v. KOCH-ELLIS MARINE CONTRACTORS, INC.

No. 19024.

302 F.2d 462 (1962)

Panagiotis VLASTOS, Master and Claimant of the S.S. CAPETAN DIMITRIS, for Cia. de Vapores Lounidi, Ltda., Appellant, v. KOCH-ELLIS MARINE CONTRACTORS, INC., Owner of the TUG PERRY N., etc., and Pan-Am Southern Corporation, Appellees.

United States Court of Appeals Fifth Circuit.

April 25, 1962.

Attorney(s) appearing for the Case

Walter Carroll, Jr., Benjamin W. Yancey, New Orleans, La. (Terriberry, Rault, Carroll, Martinez & Yancey, New Orleans, La., of counsel), for Appellant, Claimant of the SS Capetan Dimitris.

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

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

Before HUTCHESON, CAMERON and GEWIN, Circuit Judges.

PER CURIAM.

This case involves a collision between the tug Perry N, pushing a tow of three barges in tandem, and the steamship Capetan Dimitris on the Mississippi River below New Orleans. The Perry N was upbound. The Capetan Dimitris was bound down river. At this point on the river there is a judicially recognized custom that upbound vessels come up under the points and downbound vessels run the bends. The Albert Dumois, 177 U.S. 240

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