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HOLMES v. MISSISSIPPI SHIPPING COMPANY

No. 18968.

301 F.2d 474 (1962)

Herman J. HOLMES, Appellant, v. MISSISSIPPI SHIPPING COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 22, 1962.

Attorney(s) appearing for the Case

Samuel C. Gainsburgh, Raymond H. Kierr, New Orleans, La., for appellant.

Walter Carroll, Jr., Andrew R. Martinez, New Orleans, La., for appellee, Mississippi Shipping Co., Inc; Terriberry, Rault, Carroll, Martinez & Yancey, New Orleans, La., of counsel.

Before RIVES, CAMERON and BELL, Circuit Judges.

CAMERON, Circuit Judge.

Holmes, the libelant-appellant (hereinafter sometimes called Holmes), appeals from the order of the court below maintaining exceptions filed by respondent-appellee, Mississippi Shipping Company, Inc. (hereinafter sometimes called Mississippi), on the ground that the claim for damages contained in the amended libel did not aver facts sufficient to constitute a cause of action. Holmes states in his brief that the single question of law presented...

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