RIVER TRANSP. ASSOCIATES v. WALL

No. 91-3526.

5 F.3d 97 (1993)

In re RIVER TRANSPORTATION ASSOCIATES, etc., et al. and Marine Equipment Management, etc., et al., Appellees, v. Susan WALL, individually and as administratrix, of the estate of Harold Wall, Mary Joan Wall, Conticarriers and Terminals, Inc., and Dorothy Martin Stewart, tutrix for Sandra Lynn Wall and Crystal Ann Wall, Wanda Cheramie, etc., et al., Appellants. In re CONTICARRIERS AND TERMINALS, INC., and Susan Wall, individually and as Administratrix of the estate of Harold Wall and Mary Joan Wall and Dorothy Martin Stewart, tutrix for Sandra Lynn Wall and Crystal Ann Wall, Wanda Cheramie, etc., et al., Appellants, v. RIVER TRANSPORTATION ASSOCIATES and Marine Equipment Management Corporation, Appellees. In re PROGRESSIVE BARGE LINE, INC., as owner of the M/V GAZOO in a cause of exoneration from or limitation of liability, Appellant, v. RIVER TRANSPORTATION ASSOCIATES and Marine Equipment Management Corporation, Appellees, v. Susan WALL, individually and as administratrix of the estate of Harold Wall and Mary Joan Wall, Dorothy Martin Stewart, Tutrix for Sandra Lynn Wall and Crystal Ann Wall and Conticarriers and Terminals, Inc., Wanda Cheramie, etc., et al., Appellants.

United States Court of Appeals, Fifth Circuit.

October 21, 1993.


Attorney(s) appearing for the Case

Russell K. Zaunbrecher, Homer Ed Barousse, Crowley, LA, for Crystal and Sandra Wall and Dorothy Stewart.

Lawrence D. Wiedemann, Brian G. Shearman, Widemann & Wiedemann, New Orleans, LA, for Susan, Harold and Mary Wall.

James F. Shuey, Patrick J. McShane, Lemle & Kelleher, New Orleans, LA, for Conticarriers & Terminals, Inc.

John S. Hunter, Courtenay, Forstall, Guilbault, Hunter & Fontana, New Orleans, LA, for Progressive Barge.

Thomas M. Discon, Metairie, LA, Alan Guy Brackett, Andre J. Mouledoux, Hebert Mouledoux, Mouledoux & Bland, New Orleans, LA, for Wanda Cheramie, Harold Wall, Jr. and Trinity Wall.

Before WISDOM, REYNALDO G. GARZA, and JONES, Circuit Judges.


WISDOM, Circuit Judge.

I.

Harold Wall, captain of the M/V Gazoo, disappeared at about 10:15 on the night of September 12, 1989, making his way to shore across barges moored together in the Mississippi River at New Orleans. The M/V Gazoo, owned and operated by Progressive Barge Lines, Inc. ("Progressive"), was tied up outside a fleet of barges being repaired by the ContiCarriers Fleet ("ContiCarriers"), a repair facility. One of the barges, the RTA-9, was...

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