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DOMAR OCEAN TRANSP. v. M/V ANDREW MARTIN

No. 83-3348.

754 F.2d 616 (1985)

DOMAR OCEAN TRANSPORTATION, LTD., a DIVISION OF LEE-VAC, LTD., and Cenac Towing Co., Plaintiffs-Appellees, Domar Ocean Transportation, Ltd., Plaintiff-Appellee, Cross-Appellant, v. M/V ANDREW MARTIN, her engines, tackle, apparel, etc., in rem, et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

March 8, 1985.

Attorney(s) appearing for the Case

Lemle, Kelleher, Kohlmeyer & Matthews, Ashton R. O'Dwyer, Jr., Charles R. Talley, New Orleans, La., for defendants-appellants, cross-appellees.

Burke & Mayer, James G. Burke, Jr., Daniel E. Knowles, III, New Orleans, La., for plaintiffs-appellees.

Before JOHNSON, HIGGINBOTHAM and DAVIS, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

After settling the question of liability arising from a collision between two barges under tow, the litigants tried damages to a magistrate. Both sides appeal. We conclude that the plaintiff's tug and tow were so operated as an integrated unit that the physical damage to the barge was sufficient to allow recovery for the loss of use of both under the test of State of Louisiana v. M/V TESTBANK, 752 F.2d...

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