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HAMPTON v. MAGNOLIA TOWING COMPANY

No. 21229.

338 F.2d 303 (1964)

William Neil HAMPTON, Appellant, v. MAGNOLIA TOWING COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

October 16, 1964.

Attorney(s) appearing for the Case

Gibson Tucker, Jr., and Tucker & Schonekas, New Orleans, La., Ellis J. Farris, Vicksburg, Miss., for appellant.

William G. Beanland, Vicksburg, Miss., Brunini, Everett, Grantham & Quin, Vicksburg, Miss., of counsel, for appellee.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and McRAE, District Judge.

WISDOM, Circuit Judge:

William Neil Hampton was employed as senior deck hand on board the M/V Yazoo, a standard river pushboat owned and operated by The Magnolia Towing Co. March 4, 1962, the Yazoo was proceeding north up the Illinois River pushing a flotilla of six barges. The barges were in two parallel strings and five were empty; the one loaded starboard barge rendered the tow unbalanced to starboard.

The Yazoo was faced up toward the port side of the...

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