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NUNLEY v. M/V DAUNTLESS COLOCOTRONIS

No. 81-3366.

696 F.2d 1141 (1983)

Walter Douglas NUNLEY, Plaintiff, v. M/V DAUNTLESS COLOCOTRONIS, et al., Defendants. UNITED STATES of America and Combi Lines, Defendants-Appellants, v. POINT LANDING, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Opinion on Granting of Rehearing April 6, 1983.

Attorney(s) appearing for the Case

Debra J. Kossow, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Fred E. Salley, Estelle E. Mahoney, New Orleans, La., for Combi Lines.

G. Hamp Uzzelle, III, Alex Lankford, III, Mobile, Ala., for Dravo Melching Inc.

Reuter & Reuter, Normand F. Pizza, New Orleans, La., for Zito Fleeting, Inc.

J. Walter Ward, Jr., New Orleans, La., for Zito Fleeting, Zito Towing and Highlands Ins. Co.

John B. Gooch, Jr., New Orleans, La., for Point Landing.

Before GARZA, TATE and WILLIAMS, Circuit Judges.

Opinion on Granting of Rehearing En Banc April 6, 1983.

TATE, Circuit Judge:

A barge was sunk in 1974 when struck by other vessels that had broken loose from their moorings upstream, allegedly through the negligence of upriver tortfeasors. The sunken vessel was struck three years later, at that time unmarked in presence, by another vessel. The central issue of this appeal is whether the initial tortfeasors are relieved as a matter of law of liability for damages...

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