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COMMERCIAL U. INS. CO. v. M/V BILL ANDREWS

No. 78-2966.

624 F.2d 643 (1980)

COMMERCIAL UNION INSURANCE COMPANY, Plaintiff-Appellee Cross-Appellant, v. M/V BILL ANDREWS, its engines, tackle, apparel, etc., in rem and Canal Barge Company, Inc., Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

August 21, 1980.

Attorney(s) appearing for the Case

Donald L. King, Christopher A. Helms, New Orleans, La., for defendants-appellants cross-appellees.

Monroe & Lemann, Nigel E. Rafferty, New Orleans, La., for plaintiff-appellee cross-appellant.

Before MORGAN, CHARLES CLARK and TATE, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge.

The diesel tug M/V COLONEL NEAL sank into the Mississippi River on July 23, 1976 after it was buffeted by wheel wash from the M/V BILL ANDREWS during a refueling operation in which the two vessels were engaged. Commercial Union Insurance Company, insurer of the COLONEL NEAL's owner, paid $32,000 on the loss, and as subrogee filed this suit against the BILL ANDREWS and its owner, Canal Barge, Co., Inc. The district court found the BILL...

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