McCONVILLE v. FLORIDA TOWING CORPORATION

No. 20195.

321 F.2d 162 (1963)

John J. McCONVILLE, Appellant, v. FLORIDA TOWING CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

July 18, 1963.


Attorney(s) appearing for the Case

Arthur Roth, Miami, Fla., S. Eldridge Sampliner, Cleveland, Ohio, for appellant.

Davisson F. Dunlap, Jacksonville, Fla. (Ulmer, Murchison, Kent, Ashby & Ball, Jacksonville, Fla., of counsel), for appellee.

Before JONES, BROWN and LEWIS, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

What was hoped to be, but never quite got into the case below has probably turned out to be the only matter of much consequence in this appeal from a decree exonerating a tug owner of all claims for damages as well as maintenance and cure resulting from an assault committed by the cook of the Tug Hercules on the deckhand McConville. The only real surviving issue is whether the Court properly denied leave to amend the libel to set up in...

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