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MONSANTO CHEMICAL CO. v. NO. 3 BULL TOWING COMPANY

Nos. 15057, 15058.

326 F.2d 18 (1963)

MONSANTO CHEMICAL COMPANY, Libelant-Appellee, v. NO. 3 BULL TOWING COMPANY, THE BULL DURHAM, and BARGE NBC 965, Respondents-Appellants. MONSANTO CHEMICAL COMPANY, Libelant-Cross-Appellant, v. NO. 3 BULL TOWING COMPANY, The Bull Durham, and Barge NBC 965, Respondents-Cross-Appellees.

United States Court of Appeals Sixth Circuit.

December 18, 1963.

Attorney(s) appearing for the Case

Charles Kohlmeyer, Jr., New Orleans, La., and John B. Mack, Memphis, Tenn., Clarence Clifton, Memphis, Tenn., on the brief; Clifton, Mack & Kirkpatrick, Memphis, Tenn., Lemle & Kelleher, New Orleans, La., of counsel for Monsanto Chemical Co.

W. Emmett Marston, Memphis, Tenn., Martin, Tate & Morrow, Memphis, Tenn., of counsel for No. 3 Bull Towing Co., and others.

Before WEICK and O'SULLIVAN, Circuit Judges, and McALLISTER, Senior Circuit Judge.

McALLISTER, Senior Circuit Judge.

This is an appeal in an admiralty case in which the Monsanto Chemical Company,1 hereinafter called plaintiff, sought damages from No. 3 Bull Towing Company, the Bull Durham, and Barge NBC 965, hereinafter called the defendants. The District Court found that the barge was unseaworthy because of a faulty valve, and that plaintiff's damages were directly and proximately caused by such unseaworthy condition...

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