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BOUTTE v. M/V MALAY MARU

No. 23106.

370 F.2d 906 (1967)

Ferdinand BOUTTE, Appellant, v. M/V MALAY MARU, Appellee. LOUISIANA STEVEDORES, INC., Appellant, v. Hachiuma KISEN as Owner of the M/V Malay Maru, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 13, 1967.

Attorney(s) appearing for the Case

Garland R. Rolling, Metairie, La., H. Alva Brumfield, Sylvia Roberts, Baton Rouge, La., John V. Baus, Ashton R. Hardy and John C. Combe, Jr., of Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for Louisiana Stevedores, Inc.

Donald A. Lindquist, Ashton R. Hardy, New Orleans, La., Chaffe, McCall, Phillips, Burke, Toler & Hopkins, New Orleans, La., for Hachiuma Kisen.

Before BROWN, BELL and DYER, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

The unsuccessful Libelant-Longshoreman appeals from the adverse findings and decree finding no negligence of the Shipowner or unseaworthiness of the Japanese M/V MALAY MARU. The Stevedore,1 though joining forces with the Shipowner in sustaining the successful defense, seeks to overturn the Trial Court's award of attorney's fees and costs to the Shipowner for breach of the WWLP.2

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