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TRICO MARINE OPERATORS, INC. v. DOW CHEMICAL CO.

Civ. A. Nos. 91-333, 91-2796.

809 F.Supp. 440 (1992)

TRICO MARINE OPERATORS, INC., on its own behalf and on behalf of the masters and crews of the M/V MANATEE RIVER and M/V WOLF RIVER, et al. v. DOW CHEMICAL COMPANY and Security Pacific Leasing, Inc.

United States District Court, E.D. Louisiana.

December 2, 1992.

Attorney(s) appearing for the Case

Michael H. Bagot, Jr., Wagner & Bagot, R. Christopher Martin, New Orleans, LA, for plaintiffs.

Alexander N. Breckinridge, IV, O'Neil Eichen, et al., Eugene W. Policastri, New Orleans, LA, Michael A. Orlando, Meyer, Orlando & Evans, Houston, TX, for defendants.

ORDER AND REASONS

CLEMENT, District Judge.

Defendants' motion for partial summary judgment on the issue of averted liability was decided this date on memoranda. For the reasons stated below, defendants' motion is GRANTED, but the Court will hear evidence on the plaintiffs' skill and efforts in protecting the environment.

I. BACKGROUND

On November 3, 1990, the M/V LISA C, owned by Childress Co., Inc., was engaged

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