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NUNLEY v. M/V DAUNTLESS COLOCOTRONIS

No. 81-3366.

727 F.2d 455 (1984)

Walter Douglas NUNLEY, Plaintiff, v. M/V DAUNTLESS COLOCOTRONIS, et al., Defendants, UNITED STATES of America and Combi Lines, Defendants-Appellants, v. POINT LANDING, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 19, 1984.

Attorney(s) appearing for the Case

Debra J. Kossow, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for U.S.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Fred E. Salley, Estelle E. Mahoney, New Orleans, La., for Combi Lines.

G. Hamp Uzzelle, III, Alex Lankford, III, Mobile, Ala., for Dravo Melching Inc.

Reuter & Reuter, Normand F. Pizza, New Orleans, La., for Zito Fleeting, Inc.

J. Walter Ward, Jr., New Orleans, La., for Zito Fleeting, Zito Towing and Highlands Ins. Co.

John B. Gooch, Jr., New Orleans, La., for Point Landing.

Before CLARK, Chief Judge, and BROWN, GEE, RUBIN, GARZA, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY and HIGGINBOTHAM, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal comes to us from a judgment on the pleadings in favor of appellees who were defendants and third-party defendants in six consolidated admiralty cases intertwined in a 1977 collision of the M/V DAUNTLESS COLOCOTRONIS (DAUNTLESS) with a sunken wreck. The appellees are alleged to have caused the sinking three years before the DAUNTLESS collided with the wreck, unmarked by its owner or the United States, each of whom is alleged...

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