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BANK OF NEW ORLEANS & TRUST COMPANY v. OIL SCREW TRACY MARIE

No. 78-1624 Summary Calendar.

580 F.2d 808 (1978)

BANK OF NEW ORLEANS AND TRUST COMPANY, Plaintiff-Appellant, v. The OIL SCREW TRACY MARIE, etc., et al., Defendants, Lee-Roy Towing, Inc., Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

September 21, 1978.

Attorney(s) appearing for the Case

Robert T. Wakefield, New Orleans, La., for plaintiff-appellant.

Kierr, Gainsburgh, Benjamin, Fallon & Lewis, Lawrence S. Kullman, New Orleans, La., for intervenor-appellee.

Before THORNBERRY, GODBOLD and RUBIN, Circuit Judges.

PER CURIAM:

We affirm on the opinion of the district court, 455 F.Supp. 78, with the following additional comments.

The evidence adequately supports the findings that Lee-Roy Towing was a special agent and not a general agent and that it was a real party in interest. We do not understand the court to have held that the presumption of 46 U.S.C. § 971 is irrebuttable; rather it held that the presumption had not been...

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