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McDONOUGH CONSTRUCTION CO. v. H. B. FOWLER & CO.

No. 7964.

281 F.Supp. 90 (1968)

McDONOUGH CONSTRUCTION CO. and Raymond International, Inc., Plaintiffs, v. H. B. FOWLER & CO., Inc., and L. B. Foster Company, Defendants.

United States District Court E. D. Louisiana, New Orleans Division.

March 5, 1968.

Attorney(s) appearing for the Case

Harry S. Redmon, Jr., New Orleans, La., for plaintiffs.

Paul V. Cassisa, New Orleans, La., for defendant, L. B. Foster Co.

Robert B. Deane, New Orleans, La., for defendant, H. B. Fowler & Co., Inc.

RUBIN, District Judge.

This is an action brought jointly by the owner and the charterer of the Barge BL-207 for damages sustained by that barge against a contractor who agreed to furnish steel pilings to the charterer and load them aboard a barge and against the subcontractor who undertook that obligation under a subcontract.

Most of the issues fall quickly into place once we resolve the basic factual controversy: was the BL-207 the

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