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PILLSBURY CO. v. MIDLAND ENTERPRISES, INC.

No. 89-3444.

904 F.2d 317 (1990)

The PILLSBURY COMPANY, Illinois Central Gulf Railroad Company, Burlington Northern Railroad Company, and Conagra, Inc., Plaintiffs-Appellees, v. MIDLAND ENTERPRISES, INC., and Orgulf Transport Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 2, 1990.

Attorney(s) appearing for the Case

Stephen M. Wiles, Fred E. Salley, Salley & Associates, New Orleans, La., for defendants-appellants.

John F. Fay, Jr., Elizabeth L. Rue, William E. O'Neil, O'Neil, Eichin, Miller & Breckinridge, New Orleans, La., for plaintiff-appellee.

Before THORNBERRY, GEE, and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Appellant Midland Enterprises Inc. owns the M/V ROBERT N. STOUT, a tugboat in service on the Mississippi River. Appellant Orgulf Transport Company operates the STOUT. On October 28, 1986, the STOUT negligently released eleven fully loaded, unmanned river hopper barges on the river. One or more of the barges allided with mooring structures owned by appellees. Appellees sued and recovered a judgment against Midland and Orgulf jointly...

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