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TAMPA SHIP REPAIR & DRY DOCK CO. v. A. P. ST. PHILIP, INC.

No. 29988.

440 F.2d 1193 (1971)

TAMPA SHIP REPAIR & DRY DOCK COMPANY, Inc., Plaintiff-Appellant-Cross-Appellee, v. A. P. ST. PHILIP, INC., et al., Defendants-Appellees, v. Harry J. WILLIAMS, Third-Party Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 13, 1971.

Attorney(s) appearing for the Case

Brooks P. Hoyt, Jack C. Rinard, of Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., for appellant.

Dewey R. Villareal, Tampa, Fla., for Penn Marine Co., Inc.

David G. Hanlon, Thomas C. MacDonald, Jr., Tampa, Fla., for A. P. St. Philip, Inc.; Shackleford, Farrior, Stallings & Evans, Professional Assn., Tampa, Fla., of counsel.

James O. Davis, Jr., Tampa, Fla., Edward R. Downing, Miami, Fla., and Margaret Deaton, Tampa, Fla., for Harry J. Williams.

Before TUTTLE, AINSWORTH and SIMPSON, Circuit Judges.

TUTTLE, Circuit Judge:

This appeal and cross appeal raises only fact issues. The litigation arises out of a vessel shifting operation that took place in Tampa harbor on October 28, 1965. On that date, the Vanguard was shifted from what is known as the Tasco slip southward to the dry dock facilities of the shipyard. The Vanguard was a "dead ship", and motor power was supplied by three tug boats, the Mary, the Edward and the Tony.

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