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ORDUNA S.A. v. ZEN-NOH GRAIN CORP.

No. 89-3297.

913 F.2d 1149 (1990)

ORDUNA S.A. and Transglobal Maritime Corporation, Plaintiffs-Appellants-Appellees-Cross-Appellees, v. ZEN-NOH GRAIN CORPORATION, et al., Defendants-Third Party Plaintiffs-Appellees-Cross-Appellants, v. F & P ENGINEERS, INC., Republic Insurance Company and Employers Insurance Company of Wausau, Third Party Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 6, 1990.

Attorney(s) appearing for the Case

Hugh Ramsay Straub, Walter Carroll, Jr., Benjamin W. Yancey, Terriberry, Carroll & Yancey, New Orleans, La., for Orduna, et al.

Thomas C. Cowan, William K. Christovich, Christovich & Kearney, New Orleans, La., for F & P Engineers, et al.

James G. Burke, Jr., Bernard H. Ticer, Burke & Mayer, New Orleans, La., for Zen-Noh Corp.

John M. Futrell, John Michael Kops, Faris, Ellis, Cutrone & Gilmore, New Orleans, La., for Euro Frachtkontor.

Sarah A. Lowman, Craig R. Nelson, New Orleans, La., for Buehler-Miag, Inc. and CNA.

Before GEE, DAVIS, Circuit Judges, and LITTLE, District Judge.

W. EUGENE DAVIS, Circuit Judge:

While loading a ship, a loading arm fell from a grain elevator tower causing the ship damage. The district court found the elevator operator, the designer of the tower, and the ship's charterer liable for that damage. The various parties have filed multiple appeals and cross-appeals raising several issues. We affirm in part, reverse in part, and remand the case to the district court.

I. FACTS

In March 1984, a steel...

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