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STAUFFER CHEMICAL CO. v. NEPTUNE

No. 73-2444 Summary Calendar.

487 F.2d 302 (1973)

STAUFFER CHEMICAL COMPANY, Plaintiff, v. TUG NEPTUNE, her engines, tackle, apparel, etc., and Arthur Smith Corporation, her owner and operator, and the TUG SHOAT, her engines, tackle, apparel, etc., and Bacon Towing Company, her owner, etc., et al., Defendants-Appellants, Olin Mathieson Chemical Corp., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 13, 1973.

Attorney(s) appearing for the Case

Thomas A. Brown, Jr., Houston, Tex., for Neptune and Arthur Smith.

W. Garney Griggs, Houston, Tex., for Shoat & Bacon Towing.

Robert C. Davee, Ed Bluestein, Jr., Houston, Tex., for Olin Mathieson Chemical.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

PER CURIAM:

This is a dispute among the defendants to determine who is liable to Stauffer for the sinking of its barge and the consequent loss of cargo. The barge was damaged in a collision, and the two tug owners, Arthur Smith Corp. and Bacon Towing Co., stipulated mutual fault. The barge at the time of the collision did not appear to be seriously damaged, but that evaluation was disproved by the barge's sinking during the unloading operation at the Olin Mathieson...

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