IN RE COMPLAINT OF ADMIRAL TOWING AND BARGE CO.

No. 84-4315.

767 F.2d 243 (1985)

In the Matter of the Complaint of The ADMIRAL TOWING AND BARGE CO., As Bareboat Charterer, and the Great Lakes Towing Co., As Owner of the Tug Admiral, Her Engines, Etc., For Exoneration from or Limitation of Liability, Plaintiff. ADMIRAL TOWING, Etc. and the Great Lakes Towing Co., et al., Defendants-Third Party Plaintiffs-Appellees Cross-Appellants, v. SEATRAIN INTERNATIONAL, S.A., et al., Defendants-Third Party Plaintiffs-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

August 8, 1985.


Attorney(s) appearing for the Case

Gerard T. Gelpi, Norman C. Sullivan, Jr., New Orleans, La., Hill, Betts & Nash, Mark M. Jaffe, Allan J. Graf, New York City, for appellants.

Stanley McDermott, III, New Orleans, La., Bigham, Englar, Jones & Houston, Louis G. Juliano, New York City, for Atlantic Mut. Ins.

Waesche, Sheinbaum & O'Regan, Louis P. Sheinbaum, New York City, for U.S. Fire Ins. Co.

John W. Sims, J. Barbee Winston, Bart Hall, New Orleans, La., Robert G. McCreary, Jr., Cleveland, Ohio, for appellees.

Before THORNBERRY, RUBIN, and HIGGINBOTHAM, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The intricate transactions that resulted in this litigation cannot be simply stated. A complex set of charters, subcharters, insurance provisions, insurance policies, and the eventual sinking of a tug and tow with resultant loss of both vessels and the cargo aboard the tow result in this snarl of facts and law.

A corporation bareboat chartered its tug to its corporate subsidiary, which, in turn, time chartered the tug to another...

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