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BUNGE CORP. v. M/V FURNESS BRIDGE

No. 75-2695.

558 F.2d 790 (1977)

BUNGE CORPORATION, Plaintiff-Appellant Cross-Appellee, v. M/V FURNESS BRIDGE, her engines, tackle, apparel, etc., in rem, Defendant, Furness Withy & Co., Ltd., in personam, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 20, 1977.

Attorney(s) appearing for the Case

Nigel E. Rafferty, John F. Blackwell, New Orleans, La., for plaintiff-appellant cross-appellee.

Cornelius G. Van Dalen, Leonard A. Radlauer, New Orleans, La., amicus curiae, for Board of Comm. of the Port of New Orleans.

J. Dwight LeBlanc, Jr., New Orleans, La., for defendant-appellee cross-appellant.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 20, 1977.

SIMPSON, Circuit Judge:

Bunge Corporation, a wharf owner, brought suit in rem against the M/V Furness Bridge and in personam against her owner, Furness Withy and Co., for damage which the vessel inflicted upon a mooring dolphin while attempting to berth at the wharf.*

The district court held that the negligence...

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