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O'DONNELL v. LATHAM

No. 74-3029.

525 F.2d 650 (1976)

Frank A. O'DONNELL, Plaintiff-Appellant, v. Parnell E. LATHAM, d/b/a Bud's Boat Rental, et al., Defendants-Appellees-Appellants, v. GLACIER GENERAL ASSURANCE CO. et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 5, 1976.

Attorney(s) appearing for the Case

Eldon E. Fallon, J. Robert Ates, New Orleans, La., for plaintiff-appellant.

Darryl W. Burbrig, Sr., Buras, La., for defendants-appellees-appellants.

Clarence A. Frost, New Orleans, La., for Lloyds' Underwriters.

James G. Burke, Jr., Lawrence E. Abbott, New Orleans, La., for Glacier Gen. Assurance Co.

Before WISDOM, CLARK and RONEY, Circuit Judges.

CLARK, Circuit Judge:

Frank A. O'Donnell and several friends arranged to rent the CHARLES H, a 38-foot motor vessel of 19 gross tons, from Parnell E. Latham, doing business as Bud's Boat Rental, for a fishing trip. Latham agreed to leave the unmanned CHARLES H tied up to the dock, fueled and ready for an early morning pickup by the fishing party. The CHARLES H was to be used during the day and returned in the evening. The rental charge was 85 dollars plus the value...

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