HUMBLE OIL & REFINING COMPANY v. TUG CROCHET

No. 27118.

422 F.2d 602 (1970)

HUMBLE OIL & REFINING COMPANY, Plaintiff-Appellee, v. The TUG CROCHET, her engines, etc., and M. L. Crochet Towing Co., Inc., Defendants-Appellants. UNITED STATES of America, Defendant-Appellee, v. CARGILL, INC., Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 27, 1970.


Attorney(s) appearing for the Case

Tom F. Phillips, Frank M. Coates, Jr., Baton Rouge, La., Taylor, Porter, Brooks, Fuller & Phillips, Baton Rouge, La., for Cargill, Inc.

Charles E. Lugenbuhl, New Orleans, La., Lemle, Kelleher, Kohlmeyer, Matthews & Schumacher, New Orleans, La., of counsel, for M. L. Crochet Towing Co., Inc.

Walter Carroll, Jr., Benjamin W. Yancey, New Orleans, La., Terriberry, Carroll, Yancey & Farrel, New Orleans, La., of counsel, for Humble Oil & Refining Co.

Alan S. Rosenthal, Norman Knopf, Atty., Dept. of Justice, Washington, D. C., William D. Ruckelshaus, Asst. Atty. Gen., Alfred M. Farrell, Jr., New Orleans, La., Louis C. LaCour, U. S. Atty., Thomas F. McGovern, Trial Atty., Admiralty & Shipping Section, Dept. of Justice, Washington, D. C., for the United States.

Before WISDOM, SIMPSON and CLARK, Circuit Judges.


CLARK, Circuit Judge:

These appeals come from an action in admiralty for damage to a tug-pushed barge and its cargo resulting from a collision at a crossing on the Mississippi River with the wreck of a sunken barge which had been buoyed and lighted by the United States. The Court below1 affixed liability against the pushing tug, its owner and the owner of the sunken barge. It exonerated the United...

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