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SKIDMORE v. GRUENINGER

No. 74-1548.

506 F.2d 716 (1975)

Mitchell P. SKIDMORE, on his own behalf, as Administrator of the Estate of Vagelean Skidmore and as guardian of Claudia Howell and of Mitchell P. Skidmore III, and Teresa Howell, Plaintiffs-Appellants-Cross Appellees, v. Wilbur H. GRUENINGER et al., Defendants-Appellees-Cross Appellants, Ohio River Company et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 31, 1975.

Attorney(s) appearing for the Case

Neal D. Hobson, James K. Irvin, New Orleans, La., for plaintiffs-appellants-cross appellees.

Evangeline T. M. Vavrick, New Orleans, La., for Grueninger, and others.

George B. Matthews, Donald Hoffman, New Orleans, La., for Ohio River.

J. Dwight LeBlanc, Jr., New Orleans, La., Elmer Tapper, Raymond McDougall, Chalmette, La., for Fidelity Etc.

Before BROWN, Chief Judge, and COLEMAN and DYER, Circuit Judges.

COLEMAN, Circuit Judge.

In the early morning hours of May 18, 1968, on the Ohio River, near Huntington, West Virginia, an eighteen foot inboard-outboard pleasure craft collided with a moored and loaded coal barge. This maritime wrongful death action followed.

Except in one particular, for which a remand is required, the Judgment of the District Court is affirmed.

Of the five passengers aboard the pleasure craft, four perished and their bodies were...

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