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FLORIDA FUELS, INC. v. CITGO PETROLEUM CORP.

No. 92-4661.

6 F.3d 330 (1993)

FLORIDA FUELS, INC., et al., Plaintiffs, Florida Fuels, Inc., Plaintiff-Appellant, v. CITGO PETROLEUM CORP., et al., Defendants, Citgo Petroleum Corp., Defendant-Appellee. Elaine Trosclair AUTHEMENT, Individually and as Administratrix & Legal Tutrix o/b/o Honey L. Authement, etc. and Carl J. Authement, Sr., Plaintiffs-Appellants, v. FLORIDA FUELS, INC., Defendant-Appellant, v. CITGO PETROLEUM CORP., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 9, 1993.

Attorney(s) appearing for the Case

James A. Cobb, Jr., John F. Emmett, Emmett, Cobb, Waits & Kessenich, New Orleans, LA, for Florida Fuels.

Robert A. Chaffin, Paul R. Miller, Houston, TX, for Authement, et al.

Samuel B. LaVergne, Gregory P. Massey, Jones, Tete, Nolen, Hanchey, Swift & Spears, Lake Charles, LA, for appellee.

Before JOLLY and DAVIS, Circuit Judges, and BRAMLETTE, District Judge.

BRAMLETTE, District Judge:

Plaintiffs-Appellants, deceased crew member's family and vessel owner, appeal the lower court's grant of summary judgment in favor of dock owner. The lower court found that the dock owner owed no duty to the vessel crew member to provide a means of access between the dock and the vessel, and owed no duty to aid in the mooring of the vessel. We affirm.

On April 10, 1990, the barge OSPREY, assisted by the tugboat TODD RICK, both owned...

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