WIRTH LTD. v. S/S ACADIA FOREST

No. 74-2871.

537 F.2d 1272 (1976)

WIRTH LIMITED and Hoesch Siegerlandwerke A. G. Siegen, Plaintiffs-Appellees, v. S/S ACADIA FOREST and LASH Barge No. CG-204 et al., Defendants, Eurogulf Lines d/b/a Central Gulf Contramar Line, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 14, 1976.


Attorney(s) appearing for the Case

Robert B. Acomb, Jr., Herschel E. Richard, Jr., John J. Broders, Ernest A. Carrere, Jr., New Orleans, La., for defendant-appellant.

Henry J. Read, A. Gordon Grant, Jr., New Orleans, La., for plaintiffs-appellees.

Before BROWN, Chief Judge, GEWIN and THORNBERRY, Circuit Judges.


Rehearing and Rehearing En Banc Denied October 14, 1976.

JOHN R. BROWN, Chief Judge:

The ill-fated voyage of LASH1 Barge CG-204 has given rise to important and yet unanswered questions under the Carriage of Goods by Sea Act (COGSA), 46 U.S.C.A. §§ 1300-1315.2 Contrary to the holding of the trial court, we believe that LASH barges are "ships" as defined by COGSA and accordingly we reverse and...

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