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P.T. TUGS, INC. v. UNITED STATES FIRE INS. CO.

No. 85-3572.

796 F.2d 125 (1986)

P.T. TUGS, INC. Plaintiff-Appellee, v. UNITED STATES FIRE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 8, 1986.

Attorney(s) appearing for the Case

Montgomery, Barnett, Brown, Read, Hammond & Mintz, Stanley McDermott, III, A. Gordon Grant, Jr., New Orleans, La., for defendant-appellant.

Remy Chiasson, Thibodaux, La., R. Louis Carruth, New Orleans, La., for plaintiff-appellee.

Before GEE and HIGGINBOTHAM, Circuit Judges, and HARVEY, District Judge.

JAMES HARVEY, District Judge:

During the midnight hours of July 25, 1984, the tugboat Juanita D. sank in a remote stretch of the Mississippi River. The captain awoke that night to find his tug sinking beneath him and immediately summoned his deckhand, the only other crew member. The two men jumped into the river and by the time they reached shore, the Juanita D. had sunk.

The Juanita D. was owned by appellee P.T. Tugs and insured for $225,000.00 under a time...

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