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SIGNAL OIL & GAS CO. v. BARGE W-701

No. 79-2791.

654 F.2d 1164 (1981)

SIGNAL OIL & GAS COMPANY, et al., Plaintiffs-Appellees, Cross-Appellants, v. The BARGE W-701, et al., Defendants, Sun Oil Company and Acquitaine Oil Corporation, Defendants-Appellees, Appellants-Cross-Appellees, Williams-McWilliams Company, Defendant-Appellee, Cross-Appellee-Cross-Appellant, Employer Surplus Lines Insurance Company, et al., Defendants-Cross-Appellees, Cross-Appellants, J. Ray McDermott and Company, Inc., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearings Denied October 19, 1981.

Attorney(s) appearing for the Case

Robert B. Acomb, Jr., New Orleans, La., for defendant-appellant, cross-appellee.

P. A. Bienvenu, New Orleans, La., for Sun Oil & Gas Co. and Aquitiane Oil Corp.

Henry J. Read, A. Gordon Grant, Jr., New Orleans, La., for Signal Oil, La. Land & Exp., Amerada Hess and Marathon Oil.

Deutsch, Kerrigan & Stiles, Bert M. Cass., Jr., Brunswick G. Deutsch, New Orleans, La., for Williams-McWilliams and Employers Surplus Lines Ins. Co.

Before GEE, TATE and WILLIAMS, Circuit Judges.

GEE, Circuit Judge:

This appeal marks the second time this sad affair of a ruptured pipeline has been before this court. A bifurcated trial was ordered below, and the liability findings and conclusions were affirmed per curiam in an unpublished opinion by a panel of this court in 1976. The decision rendered by the district court in the damages portion of these proceedings, recorded at 468 F.Supp. 802

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