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JACK NEILSON, INC. v. TUG PEGGY

No. 27823.

428 F.2d 54 (1970)

JACK NEILSON, INC., Petitioner-Appellant, v. TUG PEGGY et al., TUG MARGARET et al., TUG CARMEN et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

On Rehearing June 30, 1970.

Rehearing Denied and Rehearing Denied September 22, 1970.

Attorney(s) appearing for the Case

George O'Dowd, New Orleans, La., for appellant.

William L. Von Hoene, New Orleans, La., for appellees.

Before TUTTLE, WISDOM, and GOLDBERG, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied September 22, 1970.

PER CURIAM:

Apache Towing, Inc., contracted with Jack Neilson, Inc., to "lease" three vessels from Neilson for sixty months. Apache agreed to "buy" the vessels for a stipulated price at the end of this period. When Apache defaulted during the sixty months and returned the vessels, Neilson, sued in admiralty for damages. Apache moved to dismiss on the ground that the contract was one of purchase...

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