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UNITED STATES v. POWELL BROS. BARGE NO. 128

No. 64-109.

249 F.Supp. 553 (1965)

UNITED STATES of America, Libelant, v. POWELL BROS. BARGE NO. 128, her tackle, apparel, appurtenances, etc., and Powell Bros., Inc., Respondents. POWELL BROS., INC., Original Respondent, v. MOTOR TUG SEMINOLE, in rem and George C. Clark, in personam, Respondent-Impleaded.

United States District Court S. D. Florida.

December 29, 1965.

Attorney(s) appearing for the Case

William A. Meadows, Jr., U. S. Atty., Miami, Fla., and Allen Van Emmerik, Admiralty & Shipping Section, Civil Division, Dept. of Justice, Washington, D. C., for libelant.

Richard F. Ralph, Miami, Fla., for respondent Powell Bros.

James L. Armstrong, of Smathers & Thompson, Miami, Fla., for respondents-impleaded.

MEHRTENS, District Judge.

This is an action for property damage to an aqueduct or water pipeline incurred by libelant, United States of America, as a result of a collision between respondent Powell Bros., Inc.'s barge and the aqueduct. The respondent's barge was never seized. Respondent impleaded the tug owner and operator, George C. Clark, and the tug "SEMINOLE." The cause came on for trial, and the Court, having considered the pleadings and the evidence, makes the...

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