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LATEX CONSTRUCTION CO. v. JACKSONVILLE SHIPYARDS, INC.

No. 14488.

442 F.2d 450 (1971)

LATEX CONSTRUCTION COMPANY, Third-Party Defendant/Appellant, and Latex Construction Company, as owner of the DREDGE NATCHEZ, Third-Party Plaintiff/Appellant, v. JACKSONVILLE SHIPYARDS, INC., Charleston Division, a South Carolina Corporation, Plaintiff/Appellee, and A VESSEL, HONG KONG CLIPPER of Orient Overseas Lines, Her Engines, Boilers, Tackle, etc., Defendant/Appellee, and Overseas Maritime Co., Inc., Claimant & Third-Party Plaintiff/Appellee, and Arthur J. Jenkins, Third-Party Defendant/Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 3, 1971.

Attorney(s) appearing for the Case

Augustine T. Smythe, Charleston, S. C. (Buist, Buist, Smythe & Smythe, and Bigham, Englar, Jones & Houston, Charleston, S. C., on brief), for appellant.

D. A. Brockinton, Jr., Charleston, S. C. (Edward R. Downing, Miami, Fla., on brief), for appellee Arthur J. Jenkins.

B. Allston Moore, Jr., Charleston, S. C. (Moore, Mouzon & McGee, Charleston, S. C., on brief), for appellee Overseas Maritime Co., Inc.

Before SOBELOFF, WINTER and CRAVEN, Circuit Judges.

SOBELOFF, Senior Circuit Judge:

On the morning of August 7, 1966, the steamship HONG KONG CLIPPER struck a drydock while approaching her assigned berth at the Columbus Street Terminal at Charleston Harbor, South Carolina. The central question in this case is which of three defendants was guilty of negligence proximately contributing to the mishap.

The District Court placed sole responsibility on Latex Construction Company, owner of the dredge NATCHEZ which...

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