PETITION OF UNITED STATES

No. 27973 Summary Calendar.

425 F.2d 991 (1970)

Petition of the UNITED STATES of America, as owner of the S/S WINGED ARROW, for exoneration from or limitation of liability. DAMMERS & VAN DER HEIDE SHIPPING & TRADING (ANTILLES), INC., as owner of the M/V SANTA MARIA, Claimant, v. The STEAMSHIP JOSEPH LYKES, her engines, etc., in rem, and Lykes Bros. Steamship Co., Inc., in personam, et als., Defendants. CENTRAL GULF STEAMSHIP CORPORATION, as owner of the S/S GREEN PORT, Claimant-Appellant, v. LYKES BROS. STEAMSHIP COMPANY, Inc., and the S/S JOSEPH LYKES, et al., Defendants-Appellees. MARINE TANKERS, INC., as owner of the MT SAVFUEL, Claimant, v. S/S JOSEPH LYKES, her engines, etc., in rem, and Lykes Bros. Steamship Co., Inc., in personam, Defendant.

United States Court of Appeals, Fifth Circuit.

April 20, 1970.


Attorney(s) appearing for the Case

Robert B. Acomb, Jr., Frank C. Allen, Jr., New Orleans, La., for Central Gulf.

John B. Gooch, Jr., New Orleans, La., for National Marine Service.

Edmond C. Salassi, Patrick L. Burke, New Orleans, La., for Dammers & Van Der Heide.

Alfred M. Farrell, Jr., Benjamin W. Yancey, New Orleans, La., for Lykes Bros. Steamship Co.

Gerald J. Gallinghouse, U. S. Atty., New Orleans, La., Thomas J. Boyle, Trial Atty., Admiralty & Shipping Section, Robert V. Zener and Robert M. Heier, Attys., U. S. Dept. of Justice, Washington, D. C., for the United States.

George W. Healy, III, New Orleans, La., for Thomas Jordan, Inc.

Before THORNBERRY, CARSWELL and CLARK, Circuit Judges.


THORNBERRY, Circuit Judge:

The events at issue here were the result of one of nature's turbulent miscarriages, Hurricane Betsy, a wretched wench who lent credence to Voltaire's remark that "nature has always had more force than education."1 The sultry storm struck the port of New Orleans on the night of September 9 and the early morning of September 10, 1965. Betsy produced winds of unprecedented force and a tidal surge that ran upriver...

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