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CANAL BARGE CO., INC. v. CHINA OCEAN SHIPPING CO.

Nos. 84-3211, 84-3847.

770 F.2d 1357 (1985)

CANAL BARGE COMPANY, INC., Plaintiff-Appellee, v. CHINA OCEAN SHIPPING CO., etc., Defendant-Appellant. WATERMAN STEAMSHIP CORP., Plaintiff-Appellee, v. M/V ELAINE JONES, etc., et al., Defendant. CANAL BARGE COMPANY, INC., Defendant-Third Party Plaintiff-Appellee, v. CHINA OCEAN SHIPPING CO., Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 16, 1985.

Attorney(s) appearing for the Case

Emmett, Cobb, Waits & Kessenich, James A. Cobb, Jr., Francis Emmett, New Orleans, La., for China Ocean Shipping Co.

Joseph W. Nelkin, Baltimore, Md., for amicus curiae Crescent River Port Pilots.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Robert T. Lemon, II, New Orleans, La., for Canal Barge Co.

Edward F. Lebreton, III, T. Gregory Serwich, II, New Orleans, La., for Waterman S.S. Corp.

Before RUBIN, JOHNSON, and HIGGINBOTHAM, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Algiers Point, at which the Mississippi River, flowing past New Orleans, makes a deep bend, is fabled in history, beautiful in aspect, and a peril to navigators. This fact-bound appeal involves another of the frequent collisions and allisions that result from the sharpness of the bend, the vagaries of the river current, and the failure of pilots to take sufficient precautions. Because the finding of the district court, that the collision...

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