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CHITTY v. M/V VALLEY VOYAGER

No. 26489.

408 F.2d 1354 (1969)

Leonard CHITTY, as owner of the M/V TIDE LAND, Plaintiff-Appellant-Cross Appellee, v. The M/V VALLEY VOYAGER, her engines, tackle, apparel, etc., in rem, and Mississippi Valley Barge Line Company, in personam, Defendants-Appellees-Cross Appellants.

United States Court of Appeals Fifth Circuit.

March 25, 1969.

Attorney(s) appearing for the Case

Alfred M. Farrell, Jr., Benjamin W. Yancey, New Orleans, La., for appellant; Terriberry, Rault, Carroll, Yancey & Farrell, New Orleans, La., of counsel.

N. B. Barkley, Jr., New Orleans, La., for appellees; Lemle, Kelleher, Kohlmeyer, Matthews & Schumacher, New Orleans, La., of counsel.

Before THORNBERRY and DYER, Circuit Judges, and FISHER, District Judge.

DYER, Circuit Judge:

The harbor tug M/V TIDE LAND was made fast to the M/V VALLEY VOYAGER during underway refueling of the latter, after which the TIDE LAND was to return the fueling flat to New Orleans. While negotiating a bend in the Mississippi River, the TIDE LAND foundered and sank. The District Court found both vessels at fault and awarded one-half damages to each party with interest from the date of the judgment.1 Both sides appeal...

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