U.S. Court of Appeals for the Fifth Circuit, 1961

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

U.S. Court of Appeals for the Fifth Circuit · Decided April 5, 1961 · Jones, Brown, Carswell

287 F.2d 889; 1961 U.S. App. LEXIS 4901; 1961 A.M.C. 1040 (Federal Reporter, Second Series)

Counsel

Edward S. Bagley, New Orleans, La., Benjamin W. Yancey, New Orleans, La., Terriberry, Rault, Carroll, Martinez & Yancey, New Orleans, La., of counsel, for appellant., Cornelius G. Van Dalen, Christopher Tompkins, New Orleans, La., Deutseh, Kerrigan & Stiles, New Orleans, La., of •counsel, for appellee.

Cases that cite this one

3 later published cases cite this decision.

Claim of Gypsum Carrier v. Union Camp Corp. (United States District Court for the Southern District of Georgia 1979)
Cenac Towing Company, Inc. And Alfred Cenac Towing Company, Inc. v. Keystone Shipping Company, Keystone Shipping Company v. Cenac Towing Company, Inc. (5th Cir. 1968)
Holland-America Line v. M/V Johs. Stove (District Court, S.D. New York 1968)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.