TUG JUNE S v. BORDAGAIN SHIPPING COMPANY

No. 27551 Summary Calendar.

418 F.2d 306 (1969)

The TUG JUNE S, Its Engines, Tackle, Apparel, Etc., Horton & Horton, Inc., the S/S NORTH EMPRESS, Its Engines, Tackle, Apparel, Etc., and Palamedes Compania Naviera, S.A., Appellants, v. BORDAGAIN SHIPPING COMPANY, Ltd., Appellee.

United States Court of Appeals Fifth Circuit.

As Amended on Denial of Rehearing December 19, 1969.


Attorney(s) appearing for the Case

Robert Eikel, Eikel & Goller, Houston, Tex., for Horton & Horton, Inc., and Tug June S.

Charles D. Kennedy, David B. Connery, Jr., Houston, Tex., for SS North Empress and Palamedes Compania, Royston, Rayzor & Cook, Houston, Tex., of counsel.

Alan S. Dale, Marion E. McDaniel, Jr., Houston, Tex., for appellee, Eastham, Watson, Dale & Forney, Houston, Tex., of counsel.

Before GEWIN, GOLDBERG and CARSWELL, Circuit Judges.


CARSWELL, Circuit Judge:

This case arises from a collision occurring on March 22, 1966, at the Port of Houston, when appellee's moored vessel, S/S BORDAPIAN, was struck and damaged by the barge of appellant, Horton and Horton, Inc., which had just previously collided with appellant's Palamedes Compania Naviera, S.A., passing vessel.1

Appellants' vessels were found by the trial court to be mutually at fault for the collision, and...

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