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FARRELL LINES, INC. v. JONES

No. 74-3940.

530 F.2d 7 (1976)

In the Matter of the Complaint of Farrell Lines Inc., Owner of the Steamship African Neptune, for Exoneration from or Limitation of Liability. FARRELL LINES INC., Owner of the STEAMSHIP AFRICAN NEPTUNE, for Exoneration from or Limitation of Liability, Plaintiff-Appellant Cross-Appellee, v. Owens JONES et al., Claimants-Appellees, Willie Belle Thomas et al., Claimants-Appellees Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 20, 1976.

Attorney(s) appearing for the Case

Julian C. Sipple, Gustave R. Dubus, III, Savannah, Ga., Richard H. Brown, Jr., New York City, for Farrell Lines.

Leon A. Wilson, II, Benjamin Smith, Jr., Waycross, Ga., for Owens Jones et al.

J. S. Hutto & Associates, Brunswick, Ga., for Willie Belle Thomas.

Courtney W. Stanton, Jacksonville, Fla., Arthur K. Bolton, Atty. Gen., Atlanta, Ga., for State of Ga.

J. Richard Moore, Jacksonville, Fla., for L. H. Rooks.

Richard E. Deane, Jacksonville, Fla., for R. McNeal, et al.

David B. Kaplan, Boston, Mass., A. Blenn Taylor, Brunswick, Ga., for Thomas, et al.

Before DYER and CLARK, Circuit Judges, and KRAFT, District Judge.

Rehearing and Rehearing En Banc Denied May 20, 1976.

DYER, Circuit Judge:

Farrell Lines, Inc., owner of the Steamship AFRICAN NEPTUNE, appeals the judgment of the district court denying its petition for limitation of liability. We reverse.

On November 7, 1972, at 9:36 P.M., the AFRICAN NEPTUNE, left its berth at Brunswick, Georgia and proceeded down the East River on its way out of the harbor. The AFRICAN NEPTUNE was required to proceed down the river...

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