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WALTER v. MARINE OFFICE OF AMERICA

No. 73-3866.

537 F.2d 89 (1976)

Ahto WALTER, Plaintiff-Appellant, v. MARINE OFFICE OF AMERICA et al., Defendants-Appellees, Firemen's Insurance Co., Defendant-Third Party-Plaintiff-Appellee, Insurance Company of the State of Pennsylvania et al., Third Party-Defendants-Appellees, United States of America, Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

August 16, 1976.

Attorney(s) appearing for the Case

L. Glen Kratochvil, T. G. Schirmeyer, Houston, Tex., Harold B. Carter, Jr., John B. Gooch, Jr., New Orleans, La., for Walter.

Gerald J. Gallinghouse, U. S. Atty., John R. Schupp, Asst. U. S. Atty., Chief, Civil Div., New Orleans, La., David V. Hutchinson, Trial Atty., Admiralty & Shipping Sect., Dept. of Justice, Wash., D. C., Leonard Schaitman, Thomas G. Wilson, Eloise E. Davies, Attys., Dept. of Justice, Civil Div., Washington, D. C., for U. S.

George W. Healy, III, Thomas J. Wagner, New Orleans, La., for Ins. Co. of Pa., and others.

Charles E. Lugenbuhl, William J. Larzelere, Jr., New Orleans, La., for Marine Office of Am. & Firemen's Ins. Co.

Clarence A. Frost, New Orleans, La., for Underwriters of Lloyd.

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

JOHN R. BROWN, Chief Judge:

On April 5, 1967, Captain Ahto Walter (Owner), on the eve of seeing a lifetime dream come into being, witnessed, as an active participant, the capsizing of his incompleted, sophisticated factory processing fishing vessel MARY ANN as she was being oozed over the muddy bottom of Bayou Lafourche on her way to Bollinger shipyard for further outfitting preparatory to completion, later expected sea trials and ultimate acceptance. Now a decade...

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