ROY CROOK AND SONS, INC. v. ALLEN

No. 84-2753.

778 F.2d 1037 (1985)

In the Matter of the Complaint of ROY CROOK AND SONS, INC., as Owners and/or Charterers of the M/V LADY PATRICIA in a Cause of Exoneration From or Limitation of Liability, Civil or Maritime, Plaintiff-Appellee, v. David Ray ALLEN, Individually and as Executor of the Estate of Newell Frank Allen, Sr., Yvette Marie Allen, Pamela Eleanor Allen and Newell Frank Allen, Jr., Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

Opinion on Denial of Rehearing January 15, 1986.


Attorney(s) appearing for the Case

Barnhart, Mallia, Cochran & Luther, John N. Barnhart, Mary L. Malone, Houston, Tex., for claimants-appellants.

Ross, Griggs & Harrison, James E. Ross, Patricia Kay Dube, David A. Furlow, Houston, Tex., for plaintiff-appellee.

Before ALVIN B. RUBIN, RANDALL and JERRE S. WILLIAMS, Circuit Judges.


RANDALL, Circuit Judge.

Captain Newell Allen drowned in the Gulf of Mexico on July 5, 1981, while attempting to bring in the anchor of the M/V Lady Patricia, a ship then owned by Roy Crook & Sons, Inc. After a two day non-jury trial, the district court calculated the value of the loss to the claimants (Allen's family) at $384,204. However, the court further found that Captain Allen had been seventy-five percent contributorily...

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