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SLATEN v. HOPEMOUNT SHIPPING CO.

No. 21627.

345 F.2d 451 (1965)

Cecilia Bisso SLATEN, Executrix of the Estate of W. A. Bisso, Sr., Appellant, v. HOPEMOUNT SHIPPING CO., Ltd., M.S. HOPERANGE, Moran Towing and Transportation Co., Inc., and the TUG JULIA C. MORAN, Appellees. HOPEMOUNT SHIPPING COMPANY, Ltd., Claimant of the M.S. Hoperange, and Moran Towing & Transportation Company, Inc., Appellants, v. TUG W. A. BISSO, and its Claimant, Cecilia Bisso Slaten, Executrix of the Estate of W. A. Bisso, Sr., Appellees.

United States Court of Appeals Fifth Circuit.

May 13, 1965.

Attorney(s) appearing for the Case

Charles E. Dunbar, III, Harry S. Redmon, Jr., New Orleans, La., for Mrs. Cecelia Bisso, Slaten, Testamentary Ex'x of Estate of W. A. Bisso, Sr., appellant, Jas. Hy. Bruns, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., of counsel.

Eugene Underwood, New York City, Walter Carroll, Terriberry, Rault, Carroll, Yancey & Farrell, New Orleans, La., and Burlingham Underwood Barron Wright & White, New York City, for appellees and cross-appellants, Robert B. Pohl, New York City, Rufus C. Harris, Jr., New Orleans, La., of counsel.

Before WOODBURY, JONES and GEWIN, Circuit Judges.

WOODBURY, Senior Circuit Judge.

As this case comes to us, after libels, cross-libels, a petition for limitation of liability and settlements, the issue presented is whether there is sufficient evidence in the record to warrant the finding of the court below that the tug W. A. BISSO was solely at fault and not entitled to limitation of liability for the stranding of the British Motor vessel HOPERANGE near the entrance to Southwest Pass.

The HOPERANGE was disabled...

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