KOCH REFINING CO. v. JENNIFER L. BOUDREAUX MV

No. 94-30509.

85 F.3d 1178 (1996)

KOCH REFINING COMPANY, Plaintiff, v. JENNIFER L. BOUDREAUX MV, her engines, boiler, etc., in rem., et al., Defendants. In re in the Matter of JENNIFER L. BOUDREAUX MV and Ocean Towing Service, Inc., as owners of the MV Jennifer L. Boudreaux praying for exoneration from and/or limitation of liability: Ocean Towing Service, Inc., Appellant-Cross-Appellee, and G & B Marine, Inc., Third-Party-Defendant-Appellant, Cross-Appellee, v. CONTINENTAL INS., CO., 5801 Associates, Ltd., and Ocean Transport Corp., Claimants-Appellees-Cross-Appellants. In re in the Matter of OCEAN TRANSPORT CORPORATION, as owner pro hac vice of the barge Ocean Transporter praying for exoneration from or limitation of liability: Ocean Transport Corp., et al., Third-Party-Plaintiffs, Ocean Transport Corp., Third-Party-Plaintiff-Appellee, Cross-Appellant, v. G & B MARINE, INC., et al., Third-Party-Defendants-Appellants, Cross-Appellees, 5801 ASSOCIATES, LTD., et al., Plaintiffs, v. CONTINENTAL INSURANCE COMPANY, Defendant.

United States Court of Appeals, Fifth Circuit.

June 25, 1996.


Attorney(s) appearing for the Case

Fred E. Salley, Lee M. Peacocke, Salley & Associates, Metairie, LA, for Appellants.

James G. Burke, Jr., Burke & Mayer, New Orleans, LA, for Continental Ins.

Charles E. Lugenbuhl, Nathan P. Horner, Lugenbuhl, Burke, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA, for 5801 Associates, Ltd. & Ocean Transport.

Before POLITZ, Chief Judge, and JONES and BENAVIDES, Circuit Judges.


EDITH H. JONES, Circuit Judge:

This case arises out of the 1987 sinking of a barge, the T/B OCEAN TRANSPORTER ("the barge"), while in the tow of the M/V JENNIFER L. BOUDREAUX ("the tug"). After a bench trial, the district court found the tug 2/3 liable and the barge 1/3 liable, and awarded the barge's owners $2.67 million. Both parties now appeal the judgment. Two issues seem to us most worthy of discussion: the court's decision to disqualify Richard Vinas as an expert...

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