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M/V ENA K v. MONPLAISIR

No. 24195.

391 F.2d 277 (1968)

M/V ENA K and Blue Ribbon Shipping Co., Ltd., Appellants, v. Donald A. MONPLAISIR, Appellee. Donald A. MONPLAISIR, Appellant, v. M/V ENA K and Blue Ribbon Shipping Co., Ltd., Appellees.

United States Court of Appeals Fifth Circuit.

March 4, 1968.

Attorney(s) appearing for the Case

Graham C. Miller, Miami, Fla., for appellants-appellees, Herbert W. Vogelsang, Miami, Fla., on the brief.

G. Morton Good, Miami, Fla., for appellee-appellant, Smathers & Thompson, Miami, Fla., of counsel.

Before BROWN, Chief Judge, and COLEMAN and SIMPSON, Circuit Judges.

PER CURIAM:

Monplaisir owned the TUNA III, an ex-Navy L.C.M., 51 feet long, with watertight compartments but having a 19" × 31" hatch on deck over the engine room. He hired Respondent, owner of the ENA K to tow TUNA III to the West Indies. The engine room hatch was sealed before the tow left Miami.

Enroute, TUNA III sank at sea, about an hour after one of ENA K's crew opened this hatch to get gasoline from the engine room. Immediately three large waves...

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