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GULFCOAST TRANSIT COMPANY v. SMITH

No. 29411 Summary Calendar.

432 F.2d 80 (1970)

GULFCOAST TRANSIT COMPANY, Plaintiff-Appellant, v. Willard J. SMITH, as Commandant, United States Coast Guard, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 29, 1970.

Attorney(s) appearing for the Case

Robert B. Acomb, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for plaintiff-appellant.

William D. Ruckelshaus, Asst. Atty. Gen., Gerald J. Gallinghouse, U. S. Atty., Alan S. Rosenthal, James C. Hair, Jr., Attys., Dept. of Justice, Washington, D. C., for defendant-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

PER CURIAM:

At issue in this case is the construction of 46 U.S.C. §§ 222, 223 and 673, concerning the minimum manning and watch requirements for inspected towing vessels licensed by the United States Coast Guard.

Appellant is the owner and operator of two ocean-going tugs regularly employed to tow coal barges on the ocean-going route across the Gulf of Mexico from New Orleans to Tampa, Florida, a distance of less than six hundred miles. The tugs...

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