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TRANSORIENT NAVIGATORS CO., S.A. v. M/S SOUTHWIND

No. 82-3253.

714 F.2d 1358 (1983)

TRANSORIENT NAVIGATORS COMPANY, S.A., Plaintiff-Appellee, v. The M/S SOUTHWIND, Her Engines, Tackle, Apparel, etc., in rem, and Westwind Africa Line, Ltd., Defendants-Appellants, v. U.S. ARMY CORPS OF ENGINEERS, Defendant-Appellee. FLOWER MILLS OF NIGERIA, LTD., Plaintiff-Appellant, v. M/V ASTROS, in rem, et al., Defendants, Transorient Navigators Company, S.A. in personam, U.S. Army Corps of Engineers, Defendants-Appellees. WESTWIND AFRICA LINE, LTD., Plaintiff-Appellant, v. The UNITED STATES of America, and U.S. Army Corps of Engineers, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 22, 1983.

Attorney(s) appearing for the Case

Chaffe, McCall, Phillips, Toler & Sarpy, J. Dwight LeBlanc, Jr., James R. Holmes, Kenneth J. Servay, New Orleans, La., for M/V Southwind & Westwind Africa.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, John J. Broders, New Orleans, La., for Flower Mills of Nigeria, Ltd.

Terriberry, Carroll, Yancey & Farrell, William E. Wright, New Orleans, La., for Transorient Navigators Co.

John P. Volz, U.S. Atty., New Orleans, La., Allen Van Emmerik, Dept. of Justice, Civ. Div., Torts Branch, Washington, D.C., for United States and U.S. Army Corps of Engineers.

Before THORNBERRY, GEE and WILLIAMS, Circuit Judges.

THORNBERRY, Circuit Judge:

INTRODUCTION:

The M/S SOUTHWIND [SOUTHWIND] and its owner appeal the district court's determination that the SOUTHWIND was entirely to blame in a collision with the M/V ASTROS [ASTROS] in the Mississippi River Gulf Outlet [MR-GO]. We conclude that the district court clearly erred in finding that the United States Army Corps of Engineers [Corps] did not share liability for the collision. The Corps breached its duty to publish information...

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