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CENAC TOWING CO. v. TERRA RESOURCES

No. 82-3786.

734 F.2d 251 (1984)

CENAC TOWING CO., INC., Plaintiff-Appellant, v. TERRA RESOURCES, INC., et al., Defendants-Appellees. TERRA RESOURCES, INC., Defendant-Appellee-Appellant, v. The ESTATE OF Andras Joseph GASPARD, Defendant-Appellee. In the Matter of TERRA RESOURCES, INC., As Bareboat Charterer of CTCO-36, etc. CENAC TOWING CO., INC., Plaintiff-Appellant, v. MARLIN MARINE, INC., et al., Defendants-Appellees. Herbert C. PRICE, et al., Plaintiffs, v. MIRE MARINE SERVICES, INC., et al., Defendants-Appellees, v. CENAC TOWING CO., INC., Defendant-Appellant. Steve Joseph GRIFFIN, Plaintiff, v. TERRA RESOURCES, INC., et al., Defendants-Appellees. TERRA RESOURCES, INC., Defendant-Appellee-Appellant, v. CENAC TOWING CO., Defendant-Appellant, The Estate of Andras Joseph Gaspard, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 18, 1984.

Attorney(s) appearing for the Case

Randolph J. Waits, New Orleans, La., for Cenac Towing.

R. Louis Carruth and Joseph W. Rausch, New Orleans, La., for Fagan Enterprises.

Everett & Everett, Glennon P. Everett, Crowley, La., for Estate of Andras Gaspard.

John E. Conery, Franklin, La., and Merrill T. Landwehr, New Orleans, La., for Mire Marine.

Joaquin Campoy, New Orleans, La., for Munson and Great Atlantic Ins.

Ernest L. O'Bannon and John C. Tollefson, New Orleans, La., for Bayou Welders.

Charles M. Steen and Robert W. Booksh, Jr., New Orleans, La., Kenneth M. Henke, Lafayette, La., for Terra Resources.

T. Peter Breslin, Kenner, La., for Herbert and Mildred Price.

Before REAVLEY, TATE, and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

Having considered the issues raised by appellants Cenac Towing and Terra Resources, we affirm the district court's judgment in all respects save as to the limitation of liability claim raised by Terra Resources, which we remand for further consideration. The district court's findings that Cenac was solely at fault for the explosion of the barge CTCO-36 ["the barge"] and that Terra Resources as bareboat charterer of the barge owed its employee...

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