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CONSOLIDATED GRAIN & BARGE CO. v. MARCONA CONVEYOR

No. 82-3534 Summary Calendar.

716 F.2d 1077 (1983)

CONSOLIDATED GRAIN & BARGE COMPANY, Plaintiff-Appellant, v. MARCONA CONVEYOR CORPORATION, et al., Defendants-Appellees. MARCONA SALES, INC., Plaintiff-Appellee, v. CONSOLIDATED GRAIN & BARGE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 11, 1983.

Attorney(s) appearing for the Case

Hebert & Abbott, Andre J. Mouledoux, New Orleans, La., for plaintiff-appellant.

Phelps, Dunbar, Mark, Claverie & Sims, James H. Roussel, Christopher O. Davis, New Orleans, La., for Marcona.

Bernard, Micholet & Cassisa, Paul V. Cassisa, Metairie, La., for Hollywood Marine.

Before GEE, POLITZ and JOHNSON, Circuit Judges.

PER CURIAM:

At about 6:40 a.m. on March 25, 1977, Barge BUNGE-28, loaded with aragonite, a fine sand, buckled in the middle and sank, carrying its cargo to the bottom of the Mississippi River. In the proceedings below, the legal owners of Barge BUNGE-28, Consolidated Grain and Barge Company (Consolidated),1 sued for the loss of the barge, alleging that Barge BUNGE-28 sank because its cargo was improperly concentrated in the center of the...

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