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SOUTH CAROLINA STATE HIGHWAY DEPT. v. JACK NEILSON, INC.

Civ. A. No. 66-691.

289 F.Supp. 239 (1968)

SOUTH CAROLINA STATE HIGHWAY DEPARTMENT, Plaintiff, v. JACK NEILSON, INC., in personam and the TUG PEGGY, her engines, tackle, apparel, furniture, etc., in rem, Defendant.

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

May 24, 1968.

Attorney(s) appearing for the Case

James L. Schupp, Jr., Terriberry, Rault, Carroll, Yancey & Farrell, New Orleans, La., for plaintiff.

William L. Von Hoene, Morgan, Von Hoene & Becker, New Orleans, La., for defendant.

CASSIBRY, District Judge:

This is a suit by the South Carolina State Highway Department to recover damages from the defendant for allegedly striking plaintiff's bridge fender system with the Tug PEGGY on June 13, 1963 at the Byrnes Crossing Bridge over Skull Creek in Jasper, South Carolina. Defendant denied liability and further contended that the suit which was filed on November 17, 1966 was time barred. The parties are seeking an interlocutory decree on the question...

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