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CANDIES TOWING CO., INC. v. M/V B & C ESERMAN

No. 80-3862.

673 F.2d 91 (1982)

CANDIES TOWING CO., INC., Plaintiff-Appellant, v. M/V B & C ESERMAN, her engines, etc., Bect Offshore Service, Inc., et al., Defendants-Appellees. In the Matter of ESERMAN OFFSHORE SERVICES CO., INC., etc., Plaintiff-Appellee, v. CANDIES TOWING CO., INC., et al., Defendants-Appellants. ProRICO INDUSTRIES, INC., Plaintiff-Appellant, v. AMERICAN HOME ASSURANCE CO., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 12, 1982.

Attorney(s) appearing for the Case

Deutsch, Kerrigan & Stiles, Cornelius G. Van Dalen, Francis J. Barry, Jr., New Orleans, La., for Candies Towing Co., Inc.

Montgomery, Barnett, Brown & Read, A. Gordon Grant, Jr., New Orleans, La., for ProRico Industries, Inc.

Johnson & McAlpine, Michael L. McAlpine, New Orleans, La., for M/V B & C Eserman, American Home, & A & B Ins. Co.

Before BROWN, GOLDBERG and POLITZ, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

In this sugary sweet tale of oceangoing disaster, Candies Towing, owner of a sunken barge, and ProRico, owner of its cargo, sue the tug M/V B&C ESERMAN, and its owners, for the loss of barge and cargo. Trial before the District Court resulted in a judgment for the vessel. Ensnared in the rigging of the clearly erroneous rule, we affirm the factual findings and decree but modify in one important respect.

A Cargo of Molasses...

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