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TEXAS GULF SULPHUR CO. v. BLUE STACK TOWING CO.

No. 19832.

313 F.2d 359 (1963)

TEXAS GULF SULPHUR COMPANY, Appellant, v. BLUE STACK TOWING COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

February 7, 1963.

Attorney(s) appearing for the Case

James E. Lehan, Tampa, Fla., James H. Simonson, New York City, Thomas C. MacDonald, Jr., Tampa, Fla., for appellant.

Seth Dekle, John R. Parkhill, Paul Game, Tampa, Fla., Marvin Schwartz, New York City, Cody Fowler, James O. Davis, Jr., Dewey R. Villareal, Jr., E. B. Good, C. J. Hardee, Jr., Tampa, Fla., for appellees.

Before BROWN, GEWIN and BELL, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This is an appeal by a damage Claimant from a refusal of the District Court to allow the filing, nunc pro tunc, of a claim in a limitation of liability proceeding, 46 U.S.C.A. § 183 et seq., subsequent to the entry by the Court of an order of default as to all persons not filing claims. The Court simultaneously denied the parallel motion to set aside the decree of default. As the Appellant does not satisfy the heavy burden of showing...

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