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HARCON BARGE CO., INC. v. D & G BOAT RENTALS, INC.

No. 82-4584.

746 F.2d 278 (1984)

HARCON BARGE CO., INC., Plaintiff-Appellee, v. D & G BOAT RENTALS, INC., Defendant Third-Party Plaintiff-Appellant. and M/V CHARLES D, Defendant-Appellee Cross-Appellant, v. SOUTHERN PACIFIC TRANSPORTATION CO., Third-Party Defendant Appellant-Cross-Appellee. SOUTHERN PACIFIC TRANSPORTATION CO., Plaintiff-Appellant, v. M/V I.C. HOSKINS, Her Engines, Boilers, Tackle, Etc., In Rem, Defendant-Appellee. SOUTHERN PACIFIC TRANSPORTATION CO., Plaintiff-Appellant, v. M/V IBERVILLE, Her Engines, Boilers, Tackle, Etc., In Rem, et al., Defendants-Appellees. SOUTHERN PACIFIC TRANSPORTATION CO., Plaintiff-Appellant Cross-Appellee, v. M/V CHARLES D, Her Engines, Boilers, Tackle, Etc., In Rem, and D & G Boat Rentals, Inc., Defendants-Appellees Cross-Appellants. SOUTHERN PACIFIC TRANSPORTATION CO., Plaintiff-Appellant Cross-Appellee, v. M/V MARION HAGESTAD, et al., Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

November 12, 1984.

Attorney(s) appearing for the Case

Christovich & Kearney, Lawrence J. Ernst, J. Warren Gardner, Jr., New Orleans, La., for plaintiff-appellant.

Larry S. Craig, Civil Div., Torts Branch, U.S. Dept. of Justice, Washington, D.C., Cliffe E. Laborde, III, Lafayette, La., for M/V IBERVILLE et al.

Robert McCleskey, Gerard T. Gelpi, New Orleans, La., for M/V I.C. HOSKINS & Smith Corp.

Donald L. King, New Orleans, La., for M/V MARION HAGESTAD & King.

Edwin Spivey Gault, Greenville, Miss., for M/V CHARLES D & HARCON BARGE.

W. Gerald Gaudet, Lafayette, La., for D & G Boat Rentals.

Before RUBIN, REAVLEY, and TATE, Circuit Judges.

TATE, Circuit Judge:

This appeal, by a single notice of appeal, is from a single judgment in five suits that were consolidated for trial under Fed.R.Civ.P. 42(a). On the same day the notice of appeal was timely filed, the opposing parties in one of the five consolidated actions filed a timely motion to amend the judgment. Subsequently, pursuant thereto, an amended judgment was entered. No further notice of appeal was filed.

Under Fed.R.App.P. 4(a)(4), the...

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