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THOMAS JORDAN, INCORPORATED v. McMILLAN WELDING & MACHINE WORKS

No. 23655.

374 F.2d 508 (1967)

THOMAS JORDAN, INCORPORATED, Appellant-Appellee, v. McMILLAN WELDING & MACHINE WORKS, Appellee-Appellant. JACK NEILSON, INC., Appellant, v. THOMAS JORDAN, INC., Claimant & Owner of the BARGE TJ-68, Appellee-Appellant. McMILLAN WELDING & MACHINE WORKS, Appellant-Appellee, v. GENERAL TOWING COMPANY and the individual partners thereof and BARGE TJ-248, its tackle, apparel, furniture, etc., Appellee.

United States Court of Appeals Fifth Circuit.

March 23, 1967.

Attorney(s) appearing for the Case

Nathan Greenberg, Gretna, La., Neal D. Hobson, New Orleans, La., Milling, Saal, Saunders, Benson & Woodward, New Orleans, La., of counsel, for Thomas Jordan, Inc., appellant-appellee.

C. S. Tindall, Greenville, Miss., René A. Pastorek, Gretna, La., Geo. A. Frilot, III, New Orleans, La., John W. Futrell, New Orleans, La., Lemle & Kelleher, New Orleans, La., of counsel, for McMillan Welding & Machine Works, appellant-appellee.

Before BROWN, MOORE, and BELL, Circuit Judges.

PER CURIAM:

The Barge, TJ-68, owned by Thomas Jordan, Inc. (Jordan), was damaged while in tow of the Tug "CAPTAIN MARIE," owned by General Towing Company (the Company) and under an alleged verbal charter to General Towing Corporation (the Corporation). Libelant, McMillan Welding & Machine Works (McMillan) was engaged to make emergency repairs. The TJ-68 was under written charter to Jack Neilson, Inc. McMillan submitted its bill to the Company. Failing to secure...

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