ATLANTIC MUT. INS. CO. v. ABC INS. CO.

No. 79-3544. Summary Calendar.

645 F.2d 528 (1981)

ATLANTIC MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. ABC INSURANCE COMPANY and Garber Brothers, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A.

May 22, 1981.


Attorney(s) appearing for the Case

Deutsch, Kerrigan & Stiles, Allen F. Campbell, New Orleans, La., for plaintiff-appellant.

Edward J. Koehl, Jr., New Orleans, La., for defendants-appellees.

Before BROWN, POLITZ and TATE, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

This law suit concerns a collision between two vessels, M/V KIMMIE C and M/V CHARLEEN B, heading in opposite directions in fog in the Eugene Island Channel of the Atchafalaya Bay. Appellant, protection and indemnity insurer of CHARLEEN B, brought this subrogation action for contribution to the $58,544.00 it expended in settlement of a personal injury claim arising out of the collision. The District Court denied recovery, finding that...

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