UNITED STATES v. LYKES BROS. STEAMSHIP CO.

No. 27717.

432 F.2d 1076 (1970)

UNITED STATES of America, Plaintiff-Appellant, v. LYKES BROS. STEAMSHIP CO., Inc., in personam, and the SS THOMPSON LYKES, her engines, tackle, etc., in rem, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 6, 1970.


Attorney(s) appearing for the Case

William D. Ruckelshaus, Asst. Atty. Gen., Louis C. LaCour, U. S. Atty., Alan S. Rosenthal, Raymond D. Battocchi, Attys., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Benjamin W. Yancey, M. D. Yager, New Orleans, La., for defendants-appellees; Terriberry, Carroll, Yancey & Farrell, New Orleans, La., of counsel.

Before AINSWORTH, DYER and SIMPSON, Circuit Judges.


SIMPSON, Circuit Judge:

The United States, plaintiff-appellant, appeals the judgment of the court below which denied the government relief on its claim for damages allegedly incurred when appellee, Lykes Bros. Steamship Co., Inc., and its vessel the SS THOMPSON LYKES (Lykes), delivered three shipments of bagged wheat flour and corn meal at the port of Kunsan, Korea in October, 1966, in a wet and damaged condition. At the trial the government attempted to establish...

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