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VALLEY TOWING SERV., INC. v. S/S AM. WHEAT, ETC.

No. 78-2355.

618 F.2d 341 (1980)

VALLEY TOWING SERVICE, INC., etc., et al., Plaintiffs-Appellants, Cross-Appellees, v. S/S AMERICAN WHEAT, FREIGHTERS, INC., Claimant, et al., Defendants-Appellees, Cross-Appellants, Upper Mississippi Towing Corporation et al., Defendants-Appellees. TENNECO OIL COMPANY, Plaintiff-Appellant, Cross-Appellee, v. S/S AMERICAN WHEAT, FREIGHTERS, INC., Claimant, et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

June 4, 1980.

Attorney(s) appearing for the Case

Robert M. Contois, Jr., New Orleans, La., for Valley Towing Service, Inc., etc., et al.

George A. Frilot, III, Douglas P. Matthews, New Orleans, La., for Tenneco Oil Co.

George W. Healy, III, John W. Sims, New Orleans, La., for S/S American Wheat, Freighters, Inc.

Faris, Ellis, Cutrone, Gilmore & Lautenschlaeger, J. Y. Gilmore, Jr., New Orleans, La., for Upper Miss. Towing Co.

Before JONES, GEE and REAVLEY, Circuit Judges.

REAVLEY, Circuit Judge:

This appeal is spawned by a collision on the Mississippi River on January 29, 1975. Ultimately, eleven lawsuits were filed as a result of the impact between the S/S AMERICAN WHEAT ("AMERICAN WHEAT") and the M/V MAMA LERE ("MAMA LERE") and the tow she was pushing. The actions were consolidated and after bench trial on the issues of liability, the district court concluded that the accident occurred as a result of 70 percent fault on the part...

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