Mississippi Valley Barge Line Co. v. Indian Towing Co.

BROWN, Circuit Judge.

While the appeal apparently asks us to assay the ruling of the District Court, we have a feeling that it is the former action of this Court, not the one below, which is really, to be reviewed. This is so because, in an otherwise routine maritime salvage case presenting the usual factual controversies left wisely to the trial judge for resolution, the real question is whether we are committed to a specific rule which the District Court ought to have applied, but did not.

*752Of course, the process involves something more than determining what we have said. For what we have…