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COLEMAN v. JAHNCKE SERVICE, INC.

No. 21106.

341 F.2d 956 (1965)

Bradford COLEMAN, Appellant, v. JAHNCKE SERVICE, INC., Appellee. The HOME INSURANCE COMPANY et al., Appellants, v. The GREATER NEW ORLEANS EXPRESSWAY COMMISSION and WinnDixie Louisiana, Inc., Appellees.

United States Court of Appeals Fifth Circuit.

February 16, 1965.

Attorney(s) appearing for the Case

Roger H. Fellom, William S. Stone, Deutsch, Kerrigan & Stiles, New Orleans, La., for appellants.

Cornelius G. Van Dalen, Jack G. Carinhas, Jr., New Orleans, La., for appellee Jahncke Service, Inc.

Donald L. King, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for appellee, WinnDixie Louisiana, Inc., Robert B. Acomb, Jr., New Orleans, La., of counsel.

N. Buckner Barkley, Jr., Charles E. Lugenbuhl, William McM. King, Lancaster, King & LeCorgne, Lemle & Kelleher, New Orleans, La., for The Greater New Orleans Expressway Commission.

Before RIVES and WISDOM, Circuit Judges, and MORGAN, District Judge.

WISDOM, Circuit Judge.

These appeals present three questions: (1) may petitioner Jahncke limit liability under 46 U.S.C. § 183; (2) is a direct action available against Jahncke's insurer, Home Insurance; (3) is the claim of appellant Coleman barred by laches. Lurking in the fog is Maryland Casualty Co. v. Cushing,1 a grisly spectre of undefined size and shape. Putting our trust in the trial judge's compass wherever the visibility...

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