AVERA v. FLORIDA TOWING CORPORATION

No. 19387.

322 F.2d 155 (1963)

Marion Lee AVERA and Daniel J. Avera Claimants, Appellants, v. FLORIDA TOWING CORPORATION, Appellee. FLORIDA TOWING CORPORATION, Appellant, v. Marion Lee AVERA and Daniel J. Avera, Claimants, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 26, 1963.


Attorney(s) appearing for the Case

Chester Bedell, Nathan Bedell, Thomas A. Larkin, Ralph E. Sistrunk, Robert P. Smith, Jr., Jacksonville, Fla., for appellants.

Herman Ulmer, Jr., Lewis Swift Lee, Jacksonville, Fla. (Ulmer, Murchison, Kent, Ashby & Ball, Jacksonville, Fla., of counsel), for appellee.

Before BROWN, GEWIN and BELL, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

This appeal by the sole claimant in an insufficient fund limitation proceeding seeks reversal of a decree granting limitation of liability, 46 U.S.C.A. § 183 et seq. Challenged by the claimant is the basic holding that the negligence of the shipowner was without its privity or knowledge. Attacked also is the Court's earlier decision that only the tug had to be surrendered, not the barge being towed as well. Because of our decision...

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