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FLOWERS TRANSP., INC. v. M/V PEANUT HOLLINGER

No. 80-3583.

664 F.2d 112 (1981)

FLOWERS TRANSPORTATION, INC., Plaintiff-Appellant, v. M/V PEANUT HOLLINGER, her engines, tackle, apparel, etc., in rem, et al., Defendants, Plimsoll Marine, Inc. and ADNAC, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 18, 1981.

Attorney(s) appearing for the Case

Lane & Henderson, Frank J. Dantone, Greenville, Miss., for plaintiff-appellant.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, John J. Broders, New Orleans, La., for ADNAC, Inc.

Usry, Leefe, Hartley & Weeks, Timothy T. Roniger, New Orleans, La., for Plimsoll.

Courtenay, Forstall & Grace, Terrence C. Forstall, New Orleans, La., Randolph Noble, Jr., Greenville, Miss., for East Bank Fleet.

Before GEE and RUBIN, Circuit Judges, and SPEARS, District Judge.

ALVIN B. RUBIN, Circuit Judge:

A barge loaded with grain sank. The district court made findings of fact and concluded that the fault was attributable 65% to Flowers Transportation, Inc., the owner of the barge, and 35% to Eastbank Fleet, Inc., the operator of the fleet in which the barge was placed after a down-river voyage. Concluding that Flowers's hortative contention that these findings of fact were clearly erroneous is merely a reargument of the case made in...

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