In the Matter of The Complaint of Gypsum Carrier, Inc., Bareboat Charterer, and Oceanic Carrier, Inc., Owner of the MOTOR SHIP PACIFIC CARRIER, for exoneration from or limitation of liability.
GYPSUM CARRIER, INC., Third Party Plaintiff-Appellant,
v.
UNION CAMP CORPORATION, Third Party Defendant-Appellee.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
February 8, 1974.
February 8, 1974.
Attorney(s) appearing for the Case
George H. Chamlee, Gustav R. Dubus, III, Savannah, Ga., for Gypsum Carrier, Inc.
Kirk M. McAlpin, Atlanta, Ga., Stanley R. Wright, Jacksonville, Fla., for Union Camp Corp.
Spencer Connerat, Jr., Savannah, Ga., for the Seaboard Coast Line Railroad Co.
Fred S. Clark, Savannah, Ga., Manuel A. Sequeira, Jr., New York City, for Underwriters of Seaboard Coast Line Railroad Co.
Edward T. Brennan, Savannah, Ga., for M/V Mariner & M/V Costos Frange.
W. J. Snowden, Moore-McCormack Lines, Inc., New York City, Courtney W. Stanton, Asst. Atty. Gen. of Ga., Atlanta, Ga., for Ga. Ports Authority.
Thomas S. Gray, Jr., Savannah, Ga., for Hamburg-Suderamerikanische Dampschiffahrts Gesellschaft.
Gignilliat & Abbott, Savannah, Ga., for Aztec Trading Co. S. A.
Julian F. Corish of Corish, Smith, Remler & Moore, Savannah, Ga., for American Oil Co.
Before GEWIN, AINSWORTH and MORGAN, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
AINSWORTH, Circuit Judge:
The question for decision in this matter is whether there is jurisdiction in admiralty of claims of the bareboat charterer and the owner of a vessel against a shore-based paper mill, engaged in a non-maritime manufacturing activity, on allegations that smoke emitted from the mill so obstructed navigation as to cause the vessel to collide with a railroad bridge spanning the waterway on which it was...
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