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BD. OF COM'RS OF PORT OF NEW ORLEANS v. GUIDRY

Civ. A. Nos. 75-3225, 76-228.

425 F.Supp. 661 (1977)

BOARD OF COMMISSIONERS OF the PORT OF NEW ORLEANS et al., Plaintiffs, v. M/V RACHAEL GUIDRY et al., Defendants.

United States District Court, E. D. Louisiana.

January 12, 1977.

Attorney(s) appearing for the Case

Phelps, Dunbar, Marks, Claverie & Sims, Charles E. Dunbar, III, Joseph P. Tynan, New Orleans, La., for Bd. of Com'rs of the Port of New Orleans.

Donald V. Organ, New Orleans, La., for M/V Rachael Guidry, Northwest Ins., Gretna Towing & Dual Marine, and East-West Towing.

John Poitevent, New Orleans, La., for Utica Mutual Ins. Co.

Edith Brown Clement, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for plaintiff.

Donald V. Organ, New Orleans, La., for Mid Continent Underwriters, Inc. and M/V Rachael Guidry, Northwest Ins., Gretna Towing and Dual Marine.

ALVIN B. RUBIN, District Judge.

The sole issue is the extent of liability of the primary insurer in a case concluded by a settlement to which all parties consented.

I

The Board of Commissioners of the Port of New Orleans (the Board) and Le Gardeur International, Inc. (Le Gardeur) sued the M/V RACHAEL GUIDRY, and her owners; North-West Insurance Company (North-West), her primary insurer; and Utica Mutual Insurance Company (Utica), her excess insurer...

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