National Marine Service, Inc. v. Avondale Marine Ways, Inc., and Louis C. Dorr, Sr

Fifth Circuit

National Marine Service, Inc. v. Avondale Marine Ways, Inc., and Louis C. Dorr, Sr

287 F.2d 889, 1961 U.S. App. LEXIS 4901, 1961 A.M.C. 1040

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 5, 1961

Docket18493

StatusPublished

Cited by3 cases

This text of 287 F.2d 889 (National Marine Service, Inc. v. Avondale Marine Ways, Inc., and Louis C. Dorr, Sr) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

National Marine Service, Inc. v. Avondale Marine Ways, Inc., and Louis C. Dorr, Sr, 287 F.2d 889, 1961 U.S. App. LEXIS 4901, 1961 A.M.C. 1040 (5th Cir. 1961).

Pincite

Opinion

PER CURIAM.

The Crescent Cities with a tow of two oil barges ahead and bound up the Mississippi River collided with the starboard quarter of the harbor pusher type tug Big Louie. The District Court on ample basis found the Crescent Cities guilty of the most flagrant faults. To those asserted against the Big Louie, the Court found that “Most of” the “charges of fault * * * are not supported by the evidence * * *,” and as to others they were, if faults at all, technical in nature and noncontributory in fact. For the reasons set forth in the detailed opinion, Avondale Marine Ways, Inc. v. The Crescent Cities, D.C.E.D.La.1960, 184 F.Supp. 773, 776, 1960 A.M.C. 1451, the findings of fact reached are not clearly erroneous. McAllister v. United States, 1954, 348 U.S. 19, 75 S.Ct. 6, 99 L.Ed. 20, 1954 A.M.C. 1999; Mississippi Shipping Co. v. Zander & Co., 5 Cir., 1959, 270 F.2d 345, 347, 1959 A.M.C. 2143; 273 F.2d 618, 1960 A.M.C. 247. The legal conclusions based on them are likewise correct.

Affirmed.

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PER CURIAM.

The Crescent Cities with a tow of two oil barges ahead and bound up the Mississippi River collided with the starboard quarter of the harbor pusher type tug Big Louie. The District Court on ample basis found the Crescent Cities guilty of the most flagrant faults. To those asserted against the Big Louie, the Court found that “Most of” the “charges of fault * * * are not supported by the evidence * * *,” and as to others they were, if faults at all, technical in nature and noncontributory in fact. For the reasons set forth in the detailed opinion, Avondale Marine Ways, Inc. v. The Crescent Cities, D.C.E.D.La.1960, 184 F.Supp. 773, 776, 1960 A.M.C. 1451, the findings of fact reached are not clearly erroneous. McAllister v. United States, 1954, 348 U.S. 19, 75 S.Ct. 6, 99 L.Ed. 20, 1954 A.M.C. 1999; Mississippi Shipping Co. v. Zander & Co., 5 Cir., 1959, 270 F.2d 345, 347, 1959 A.M.C. 2143; 273 F.2d 618, 1960 A.M.C. 247. The legal conclusions based on them are likewise correct.

Affirmed.

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Bluebook (online)

287 F.2d 889, 1961 U.S. App. LEXIS 4901, 1961 A.M.C. 1040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-marine-service-inc-v-avondale-marine-ways-inc-and-louis-c-ca5-1961.

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