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ACME BOAT RENTALS, INC. v. J. RAY McDERMOTT & COMPANY

No. 28401.

424 F.2d 393 (1970)

ACME BOAT RENTALS, INC., Plaintiff-Appellee, v. J. RAY McDERMOTT & COMPANY, Inc., Defendant-Appellant, v. FREEPORT SULPHUR COMPANY, Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 14, 1970.

Attorney(s) appearing for the Case

Donald L. King, Fred E. Salley, New Orleans, La., for defendant-appellant.

Charles E. Lugenbuhl, New Orleans, La., for plaintiff-appellee Acme Boat Rentals.

Bruce J. Borrello, New Orleans, La., for third-party defendant-appellee Freeport Sulphur Co.

Before GEWIN, GODBOLD and CLARK, Circuit Judges.

CLARK, Circuit Judge.

In this once-tried, twice-appealed maritime case,1 the District Judge, after making the required detailed findings of fact and conclusions of law, reentered his original judgment against J. Ray McDermott & Co., Inc. in favor of Acme Boat Rentals, Inc., the owner of a crew-boat which sank in the Mississippi River because of a collision with a creosoted timber piling which was adrift as a result of dock repair work...

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