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FORT MYERS SHELL AND DREDGING CO. v. BARGE NBC 512

No. 25785.

404 F.2d 137 (1968)

FORT MYERS SHELL AND DREDGING CO., Inc., Appellant, v. The BARGE NBC 512 and the BARGE NBC 540, et al., Appellees.

United States Court of Appeals Fifth Circuit.

November 27, 1968.

Attorney(s) appearing for the Case

Brooks P. Hoyt, Tampa, Fla., William L. Stewart, Fort Myers, Fla., Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., for appellant.

O. K. Reaves, Owen Rice, Jr., James O. Davis, Jr., Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, Fla., for appellees.

Before WISDOM, GODBOLD and SIMPSON, Circuit Judges.

GODBOLD, Circuit Judge:

This is an appeal from a final judgment dismissing with prejudice the libelant's claim for salvage, which was entered at the conclusion of the libelant's case upon the respondents' motion for a "directed verdict."

The facts before the trial court, by stipulation and oral testimony, give the following picture. In early March of 1965, Edmonson Towing Company telephoned the libelant Fort Myers Shell asking that Fort Myers send a tug to...

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