MATTER OF S/S HELENA

No. 72-2254.

529 F.2d 744 (1976)

In the Matter of the Complaint of Sincere Navigation Corporation, as owner of the S/S HELENA, for Exoneration from or Limitation of Liability and the Oceanus Mutual Underwriting Association, Ltd. SINCERE NAVIGATION CORPORATION and the Oceanus Mutual Underwriting Association, Ltd., Appellants, v. UNITED STATES of America et al., Appellees. Virginia O'QUINN, Individually and as Administratrix of the Succession of Walton E. O'Quinn and Natural Tutrix of the minor, Cathleen Caprice O'Quinn, Cross-Appellant, v. The OCEANUS MUTUAL UNDERWRITING ASSOCIATION, LTD., et al., Cross-Appellees. UNITED STATES of America, Cross-Appellant, v. S/S HELENA, her engines, etc., in rem and Sincere Navigation Corporation, et al., Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

April 2, 1976.


Attorney(s) appearing for the Case

Clarence A. Frost, New Orleans, La., for Sincere & Oceanus.

Jerry G. Jones, J. B. Jones, Jr., Cameron, La., for O'Quinn and DeLoach.

Joseph M. Brush, New York City, Patrick Burke, New Orleans, La., for appellants.

Gerald J. Gallinghouse, U.S. Atty., John R. Schupp, Asst. U.S. Atty., New Orleans, La., Neal D. Hobson, Charles M. Steen, New Orleans, La., Baker & Abbott, Allen van Emmerik, Admiralty & Shipping Section, U.S. Dept. of Justice, Washington, D.C., for United States.

Walter H. Fleischer, Dept. of Justice, Washington, D.C., George A. Frilot, III, E. Jack Green, Jr., New Orleans, La., for Jacks and Lundquist and others.

A. J. McNamara, Metaire, La., for Fregia.

Joe L. Horne, New Orleans, La., for Chas. Morrison, June Morrison and Richard Kraus.

Louis B. Merhige, New Orleans, La., for Campisano.

Raymond A. McGuire, New Orleans, La., for Kapowski.

Before WISDOM, CLARK and RONEY, Circuit Judges.


WISDOM, Circuit Judge:

This case presents several questions concerning damages for wrongful deaths occurring in state territorial waters.

The freighter Helena collided with the United States Coast Guard vessel White Alder at about 6:30 p.m. on December 7, 1968, on the Mississippi River near Bayou Goula, Louisiana. Seventeen of the crewmen of the White Alder were killed, and the lives of three were miraculously spared. Two days after the collision, Sincere...

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