TREAKLE v. POCAHONTAS STEAMSHIP COMPANY

No. 12289.

406 F.2d 412 (1969)

Thomas W. TREAKLE, Jr., Robert M. Baum, Jr., A. D. Willis, Jr., B. S. Lupton, Fred L. Ebner, Joseph W. Morgan, Charles H. Richardson, Charles E. Johnson, and Andrew A. Midgette, Appellants, v. POCAHONTAS STEAMSHIP COMPANY, owner and/or operator of the STEAMSHIP CONSOLIDATION COAL, in personam, and the Steamship Consolidation Coal, her tackle, apparel, furniture, boilers, engines, machinery, in rem, and Marine Coal Transport Corporation, owner and/or operator of the STEAMSHIP MARINE ELECTRIC, in personam, and the Steamship Marine Electric, her tackle, apparel, furniture, boilers, engines, machinery, etc., in rem, Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 15, 1969.


Attorney(s) appearing for the Case

Henry E. Howell, Jr., Norfolk, Va. (Howell, Anninos & Daugherty, Norfolk, Va., on brief), for appellants.

Charles R. Dalton, Jr., Norfolk, Va. (Seawell, McCoy, Winston & Dalton, Norfolk, Va., on brief), for appellees.

Joseph L. Kelly, Jr., Norfolk, Va. (Williams, Worrell, Kelly & Worthington, Norfolk, Va., on brief), for Norfolk and Western Railway Co.

Hugh S. Meredith, Norfolk, Va. (Vandeventer, Black, Meredith & Martin, Norfolk, Va., on brief), for Coal Terminal Towing Corp.

Before BOREMAN and BUTZNER, Circuit Judges, and McMILLAN, District Judge.


PER CURIAM:

The appellants, Treakle and others, a group of tugboat pilots employed by Coal Terminal Towing Corporation and its predecessors, filed a libel against Pocahontas Steamship Company, in personam, and the steamship "CONSOLIDATION COAL" in rem. Subsequently appellants filed a similar libel against Marine Coal Transport Corporation, in personam, and the steamship "MARINE ELECTRIC" in rem. Exceptions and/or exceptive allegations were seasonably filed by the...

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