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TRANSORIENT NAVIGATORS CO., S.A. v. M/S SOUTHWIND

No. 85-3282.

788 F.2d 288 (1986)

TRANSORIENT NAVIGATORS COMPANY, S.A., Plaintiff-Appellee, Cross-Appellant, v. M/S SOUTHWIND, her engines, tackle, apparel, etc., In Rem and Westwind Africa Line, Ltd., Defendants-Third Party Plaintiffs-Appellants, Cross-Appellees, v. M/V ASTROS, In Rem and Transorient Navigators Co., S.A. In Personam, et al., Third-Party Defendant-Appellees, Cross-Appellants. FLOUR MILLS OF NIGERIA, LTD., Plaintiff-Appellee, v. M/V ASTROS, In Rem and Transorient Navigators Co., S.A. In Personam, et al., Defendants-Appellees, Cross-Appellants, v. WESTWIND AFRICA LINE, LTD., and the M/S SOUTHWIND, her engines, tackle, apparel, Etc., In Rem, Appellant-Cross Appellee. WESTWIND AFRICA LINE, LTD, Plaintiff-Appellant, v. The UNITED STATES of America and the U.S. Army Corp of Engineers, New Orleans District, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 28, 1986.

Attorney(s) appearing for the Case

J. Dwight LeBlanc, Jr., Kenneth J. Servay, New Orleans, for Westwind Africa Line and The M/S Southwind.

William E. Wright, New Orleans, La., for Transorient Navigators Co. & M/V Astros.

Glenn G. Goodier, John J. Broders, New Orleans, La., for Flour Mills Nigeria, Ltd.

Allen vanEmmerik, James A. Lewis, Admiralty & Shipping Section, Dept. of Justice, Washington, D.C., for U.S.A. & U.S. Army Corp of Engineers.

Before THORNBERRY, POLITZ, and RANDALL, Circuit Judges.

THORNBERRY, Circuit Judge:

This admiralty case arises from the collision of two ships near a U.S. Army Corps of Engineers dredging site in the Mississippi River-Gulf Outlet (MR-GO). Westwind Africa Line appeals the district court's allocation of fault between Westwind's ship, the SOUTHWIND, and the United States. Westwind also contends that the district court erred in awarding the United States contribution against the SOUTHWIND...

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