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HORIZON PETROLEUM v. BARGES DIXIE 162, 234 AND 236

No. 84-2225.

753 F.2d 382 (1985)

HORIZON PETROLEUM CO., Plaintiff-Appellant, v. BARGES DIXIE 162, 234 AND 236, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 20, 1985.

Attorney(s) appearing for the Case

Stuart B. Collins, Sharpe & Kajander, Houston, Tex., for plaintiff-appellant.

William A. Durham, Houston, Tex., for defendants-appellees.

Before GEE, REAVLEY and RANDALL, Circuit Judges.

GEE, Circuit Judge:

Bride Co., Horizon Petroleum Co., and Osborne Energy Corp. (the "plaintiffs") brought separate actions in the district court alleging that the defendant Dixie Carriers, Inc. (Dixie) was responsible for damage to cargoes of crude oil that Dixie had delivered. After a hearing, the district court granted summary judgment for Dixie. We affirm.

I.

During 1981 the plaintiffs separately entered into contracts of affreightment with Dixie...

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