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IMTT-GRETNA v. ROBERT E. LEE SS

No. 92-3943 Summary Calendar.

993 F.2d 1193 (1993)

IMTT-GRETNA, Plaintiff, v. ROBERT E. LEE SS, etc., et al., Defendants. BP NORTH AMERICA PETROLEUM, INC., Plaintiff-Appellant, v. The ROBERT E. LEE SS, her engines, tackle, apparel and furniture, in rem; Waterman Steamship Corporation, et al., Defendants-Appellees, and Midland Enterprises, Inc., in personam, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 25, 1993.

Attorney(s) appearing for the Case

Antonio J. Rodriguez, John Fitzgerald Billera, Rice, Fowler, Kingsmill, Vance, Flint & Booth, New Orleans, LA, for appellant.

Edward J. Koehl, Jr., Patrick J. Veters, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, for The Robert E. Lee, et al.

Hal Clayton Welch, E. John Heiser, Kenneth Klemm, Lemle & Kelleher, New Orleans, LA, for Midland Enterprises.

Before REYNALDO G. GARZA, SMITH and WIENER, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

BP North America Petroleum ("BP NAP"), the appellant, sued for economic damages because it was unable to use a leased berth due to a collision. The district court granted summary judgment in favor of appellees SS Robert E. Lee ("SS Lee"), Waterman Steamship Corporation ("Waterman"), International Shipholding Corporation ("ISC") and Midland Enterprises, Inc. ("Midland"). Upon review, we affirm the summary judgment.

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