INSURANCE COMPANY OF NORTH AMERICA
v.
JOHN J. BORDLEE CONTRACTORS, INC.
ATLANTIC MARINE TRANSPORT CORP.
v.
JOHN J. BORDLEE CONTRACTORS, INC. et al.
BOARD OF COMMISSIONERS OF the PORT OF NEW ORLEANS
v.
M/T PINA, et al.
AMERICAN COMMERCIAL BARGE LINES, INC.
v.
M/T PINA, et al.
In the Matter of AMERICAN COMMERCIAL BARGE LINES, as Charterers of the BARGE ACBL 2666.
In the Matter of JOHN J. BORDLEE CONTRACTORS, INC., as Owner of the M/V MR. PETE.
VAN REEKUM PAPER COMPANY
v.
AMERICAN COMMERCIAL BARGE LINES, INC. et al.
United States District Court, E. D. Louisiana.https://leagle.com/images/logo.png
February 18, 1982.
February 18, 1982.
Attorney(s) appearing for the Case
Donald A. Hoffman and Robert I. Siegel of Camp, Carmouche, Palmer, Barsh & Hunter, New Orleans, La., for Ins. Co. of North America and Allstate Ins. Co.
George W. Healy, III and Clayton G. Ramsey of Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., for Atlantic Marine Transport, Inc.
Robert M. Contois, Jr., of Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for American Commercial Barge Lines.
Nigel E. Rafferty of Monroe & Lemann, New Orleans, La., for Southern American Ins. Co.
James A. Cobb, Jr. of Law Offices of Francis Emmett, New Orleans, La., for St. Paul Fire & Marine Ins. Co.
J. Y. Gilmore, Jr. of Faris, Ellis, Cutrone, Gilmore & Lautenschlaeger, New Orleans, La., for Underwriters at Lloyd's.
Cliffe E. Laborde and Gerard T. Gelpi of Gelpi, Sullivan, Carroll & Laborde, New Orleans, La., for John J. Bordlee & John J. Bordlee Contractors.
Thomas J. Grace of Courtenay, Forstall & Grace, New Orleans, La., for Twin City Barge Line.
Joseph P. Tynan of Burke & Mayer, New Orleans, La., for Bd. of Commissioners of Port of New Orleans.
Ralph E. Smith of Deutsch, Kerrigan & Stiles, New Orleans, La., for Van Reekum Paper Co.
Rufus Harris, III of Terriberry, Carroll, Yancey & Farrell, New Orleans, La., for Ins. Co. of North America.
Richard B. Foster and Bettye A. Barrios of Lemle, Kelleher, Kohlmeyer & Matthews, New Orleans, La., for Coscol Petroleum Corp.
United States District Court, E. D. Louisiana.
CHARLES SCHWARTZ, Jr., District Judge.
These consolidated matters arise from a marine collision in the Mississippi River at New Orleans on the night of December 19, 1979. Following trial to the Court sitting without a jury, the cases were submitted for further briefing by the parties and further study by the Court. Now, having carefully considered the record herein, the memoranda of counsel, and the applicable law, the Court rules as follows.
To the extent...
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