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IN RE COMPLAINT OF MAGNOLIA TOWING CO., INC.

No. 84-2286.

764 F.2d 1134 (1985)

In the Matter of the Complaint of MAGNOLIA TOWING COMPANY, INC. MAGNOLIA TOWING CO., INC., Plaintiff-Third Party Defendant-Appellee, Cross-Appellant, v. ATCHISON, TOPEKA & SANTA FE RAILWAY CO., Southern Pacific Transportation Co., and the Galveston, Houston & Henderson Railroad Co., Defendants-Third Party Plaintiffs-Appellees, Cross-Appellants, v. MONSANTO CO. and Various Underwriters at Lloyds, Defendants-Third Party Plaintiffs-Appellants, Cross-Appellees. v. ALAMO BARGE LINES, INC., Third Party Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 27, 1985.

Attorney(s) appearing for the Case

A. Gordon Grant, Jr., Stanley McDermott, III, New Orleans, La., for Various Underwriters at Lloyds.

Henry S. Morgan, Jr., Vinson & Elkins, Robert Jeffrey Coppock, Houston, Tex., for Monsanto Co.

W.T. Womble, Robert F. Maher, Houston, Tex., for Atchison, Topeka & Sante Fe Ry. Co.

John K. Meyer, Houston, Tex., for Alamo Barge Lines.

Robert C. Davee, Houston, Tex., for Magnolia Towing Co., Inc.

Before GEE, TATE, and HIGGINBOTHAM, Circuit Judges.

TATE, Circuit Judge:

This case arises out of an allision that occurred after midnight in early 1982, when the Tug BETH ("BETH"), with two barges in tow, struck the closed lift span of the Galveston Railway Causeway Bridge ("Galveston Bridge"). Following a bench trial on the issue of liability (bifurcated from a separate damage trial to be held later), the district court held, inter alia, that the lessees and operators of the Galveston Bridge were 80% at fault and...

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