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NAT. MARINE SERVICE INC. v. PETROLEUM SERVICE CORP.

No. 83-3259.

736 F.2d 272 (1984)

NATIONAL MARINE SERVICE INCORPORATED, Plaintiff-Appellant, v. PETROLEUM SERVICE CORPORATION, Defendant, v. KAISER ALUMINUM AND CHEMICAL CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 16, 1984.

Attorney(s) appearing for the Case

Terriberry, Carroll, Yancey & Farrell, Edward S. Bagley, New Orleans, La., for plaintiff-appellant.

Taylor, Porter, Brooks & Phillips, John I. Moore, Baton Rouge, La., for Kaiser Aluminum.

Gelpi, Sullivan, Carroll & Laborde, Norman C. Sullivan, Jr., New Orleans, La., for St. Louis Ship.

Before JOHNSON, HIGGINBOTHAM, and DAVIS, Circuit Judges.

JOHNSON, Circuit Judge:

On August 31, 1979, a multi-purpose tank barge carrying 1,920 short liquid tons of concentrated sulfuric acid sank during unloading operations at a dock on the Mississippi River in Gramercy, Louisiana. The barge was destroyed, resulting in stipulated damages totalling $735,000; plus the value of the entire cargo of sulfuric acid, which was lost.

The ensuing litigation spawned this appeal, which...

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