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JONES TOWING, INC. v. UNITED STATES

No. 7503.

277 F.Supp. 839 (1967)

JONES TOWING, INC., Plaintiff, v. The UNITED STATES of America, Paul A. Lambert, Lambert Marine, Inc., Lambert Gravel Company, Inc., and Lambert Contracting Co., Inc., Defendants.

United States District Court E. D. Louisiana, New Orleans Division.

October 18, 1967.

Attorney(s) appearing for the Case

Cornelius G. Van Dalen, Ralph E. Smith, Jack G. Carinhas, Jr., New Orleans, La., for Jones Towing, Inc.

George W. Healy, James H. Roussel, New Orleans, La., for Resolute Ins. Co. and Underwriters at Lloyds, respondent-impleader.

Thomas F. McGovern, Attorney, U. S. Department of Justice, Elaine Chauvin, U. S. Atty., for the United States.

George A. Frilot, III, Eldon A. Harvey, III, R. Boatner Howell, Jr., New Orleans, La., for Paul A. Lambert, Lambert Marine, Inc., Lambert Gravel Co., Inc. and Lambert Contracting Co., Inc.

CASSIBRY, District Judge:

This case involves an interpretation and application of the Rivers and Harbors Act of 18991 and, more specifically, the Sections of that Act commonly referred to as the Wreck Act.2 There is a basic disagreement over the meaning of pertinent portions of the Wreck Act between the Ninth and Fourth Circuit Courts of Appeal on the one hand and

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