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CONSOLIDATED ALUMINUM CORP. v. C.F. BEAN CORP.

No. 84-4195.

772 F.2d 1217 (1985)

CONSOLIDATED ALUMINUM CORPORATION, Plaintiff-Appellant, v. C.F. BEAN CORPORATION, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Opinion on Rehearing and Rehearing December 6, 1985.

Attorney(s) appearing for the Case

Donald C. Winson, Eckert, Seamans, Cherin & Mellott, Richard T. McGonigle, J.W. Montgomery, III, Pittsburgh, Pa., Plauche, Smith & Nieset, A. Lane Plauche, Lake Charles, La., for plaintiff-appellant.

Allen F. Campbell, Deutsch, Kerrigan & Stiles, New Orleans, La., for defendants-appellees.

Mat M. Gray, III, New Orleans, La., for St. Paul Fire & Marine Ins. Co.

David V. Hutchinson, Columbia, Md., for U.S.A., amicus curiae.

Before JOHNSON, JOLLY, and HILL, Circuit Judges.

Opinion on Rehearing and Rehearing En Banc December 6, 1985.

JOHNSON, Circuit Judge:

Consolidated Aluminum Corporation (Consolidated) sues C.F. Bean Corporation (Bean) for physical damages and economic losses that occurred shortly after a dredge owned and operated by Bean ruptured a Texaco natural gas pipeline. The Texaco pipeline supplied Consolidated's aluminum processing plant with natural gas. The resulting interruption in the supply of gas to Consolidated...

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