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MITSUI O. S. K. LINES, K. K. v. HORTON & HORTON, INC.

No. 72-3104.

480 F.2d 1104 (1973)

MITSUI O. S. K. LINES, K. K., Plaintiff-Appellee, v. HORTON & HORTON, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 21, 1973.

Attorney(s) appearing for the Case

Robert Eikel, Houston, Tex., for defendant-appellant.

Frank E. Caton, Houston, Tex., for plaintiff-appellee.

Before BELL, GOLDBERG and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

Shortly after noon of November 28, 1970 the Kasugasan Maru (ship), a 492-foot general cargo vessel of 8500 gross tons owned by plaintiff-appellee Mitsui O.S.K. Lines, K.K., a Japanese corporation (Mitsui) was proceeding outbound to the Gulf of Mexico in the Houston Ship Channel to seaward of Beacons 75 and 76, near "Five-Mile-Cut", where the channel traverses the open waters of Galveston Bay. The ship was loaded light with a draft aft of about...

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