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RESERVE MOORING INC. v. AMERICAN COMMERCIAL BARGE LINE, LLC

Nos. 00-30611, 00-30944.

251 F.3d 1069 (2001)

RESERVE MOORING INC., Plaintiff-Appellee, v. AMERICAN COMMERCIAL BARGE LINE, LLC; Associated Terminals, LLC, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 16, 2001.

Attorney(s) appearing for the Case

Ronald J. Hof (argued), Landwehr & Hof, New Orleans, LA, for Plaintiff-Appellee.

John Fredrick Kennenich (argued), Louis G. Spencer, Emmett, Cobb, Waits, Kessenich & O'Neil, New Orleans, LA, for Defendants-Appellants.

Before GARWOOD, HALL, and BARKSDALE, Circuit Judges.

HALL, Circuit Judge:

I. Facts and Procedural History

Plaintiff Reserve Mooring, Inc. (Reserve) maintains a midstream mooring facility at Mile 138.3 on the Mississippi River. The mooring facility consists of five buoys and anchor piles, which Reserve installed pursuant to a permit from the United States Army Corps of Engineers.1 On May 5, 1998, while moored at the site, a barge owned and operated by defendant

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