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WITCO CHEMICAL CO. v. CONSOLIDATED TERMINALS CORP.

Nos. 75-2145, 75-4198.

546 F.2d 631 (1977)

WITCO CHEMICAL COMPANY, INC., et al., Plaintiffs-Appellants Cross Appellees, v. CONSOLIDATED TERMINALS CORPORATION, Defendant-Appellee Cross Appellant, The Continental Insurance Company et al., Defendants-Appellees, Cross Appellants. WITCO CHEMICAL COMPANY, INC., et al., Plaintiffs-Appellees, v. CONSOLIDATED TERMINALS CORPORATION et al., Defendants, Evans Cooperage Company, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 8, 1977.

Attorney(s) appearing for the Case

John J. Broders, New Orleans, La., for plaintiffs-appellants in No. 75-2145 and plaintiffs-appellees in No. 75-4198.

Cornelius G. Van Dalen, New Orleans, La., for Continental Ins. Co.

Michael A. Dessommes, New Orleans, La., for Conso. Terminals Corp.

Before AINSWORTH and CLARK, Circuit Judges, and HUGHES, District Judge.

AINSWORTH, Circuit Judge:

This Louisiana diversity suit involves a claim for damages by Witco Chemical Corporation against Consolidated Terminals Corporation and its insurer, Continental Insurance Company, growing out of the negligent commingling of a large quantity of oil in storage tanks of Consolidated. The matter was heard before a magistrate whose findings were adopted by the district court with slight modification, resulting in judgment for damages in favor...

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