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DOW CHEMICAL COMPANY v. M/V ROBERTA TABOR

Nos. 85-3388, 86-3251.

815 F.2d 1037 (1987)

The DOW CHEMICAL COMPANY, Plaintiff-Appellant, v. The M/V ROBERTA TABOR, and M/V SUGARLAND etc., et al., Defendants, American River Transportation Company and Scott Chotin, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 4, 1987.

Attorney(s) appearing for the Case

Richard B. Foster, Lemle, Kelleher, Kohlmeyer, Dennery, Hunley, Moss & Frilot, New Orleans, La., for Dow Chemical Co.

Robert T. Lemon, II, Jones, Walker, Waechter, Poitenent, Carrer & Denegre, New Orleans, La., for American River Transp.

Paul N. Vance, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., for Scott Chotin, Inc.

Before REAVLEY and RANDALL, Circuit Judges, and WOODWARD, District Judge.

RANDALL, Circuit Judge:

Dow Chemical Company ("Dow") appeals the district court's judgment denying Dow's claim for loss of use damages against American River Transportation Company ("Artco") and awarding Scott Chotin, Inc. ("Chotin") attorneys' fees and costs against Dow. For the reasons that follow, we affirm in part, reverse in part, and remand for further proceedings.

I.

This litigation arose out of a collision between two tugs in the lower Mississippi...

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