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ARCHER DANIELS MIDLAND CO. v. M/V FREEPORT

No. 89-3228.

909 F.2d 809 (1990)

ARCHER DANIELS MIDLAND COMPANY, Et Al. v. M/V FREEPORT, etc., In Rem, Sealink Shipping Co., Ltd and Valiant Shipping Co. (London), Ltd., Appellees/Cross-Appellants, v. ST. CHARLES TOWING SERVICE, INC.; Terand Marine Management, Inc.; and Employers Insurance of Wausau, Et Al., Appellants/Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

August 22, 1990.

Attorney(s) appearing for the Case

Charles E. Lugenbuhl, Stanley J. Cohn, Lugenbuhl, Burke, Wheaton, Peck & Rankin, New Orleans, La., for appellants/cross-appellees.

Hugh Ramsay Straub, Terriberry, Carroll & Yancey, New Orleans, La., for appellees/cross-appellants.

Before BROWN, JOLLY, and DAVIS, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

On December 12, 1987, at approximately 11:35 P.M., at Mile 117 AHP on the Mississippi River, the upbound laden freighter M/V FREEPORT collided with the downbound tow of the tug M/V VICKI LYNNE. The FREEPORT subsequently came into allision with a dock owned by Archer Daniels Midland.1

The pilot of the FREEPORT and the captain of the VICKI LYNNE had agreed to a "port to port" passing. The FREEPORT would...

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