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PETITION OF KRISTIE LEIGH ENTERPRISES, INC.

No. 94-60551.

72 F.3d 479 (1996)

In re In the Matter of the Libel and Petition of KRISTIE LEIGH ENTERPRISES, INC., as Owner of M/V KRISTIE LEIGH, et al., for Exoneration from or Limitation of Liability. In the Matter of the Libel and Petition of KRISTIE LEIGH ENTERPRISES, INC., as Owner of M/V KRISTIE LEIGH, et al., Plaintiffs. GATEWAY TUGS, INC., as Owner Pro Hac Vice, of the M/V KRISTIE LEIGH, Plaintiff-Appellant, v. AMERICAN COMMERCIAL LINES, INC., Defendant, Norma L. Castillo, Individually and as surviving spouse of Daniel Castillo, and as personal representative of the estate of Daniel Castillo, Deceased, and for and on behalf of all persons entitled to recover for the wrongful death of Daniel Castillo, and as next friend to Alisha Danielle Castillo, et al., Claimants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 14, 1996.

Attorney(s) appearing for the Case

Ben A. Donnell, Meredith, Donnell & Abernethy, Corpus Christi, TX, Jill A. Schaar, Russell W. Miller, Liddell, Sapp, Zivley, Hill & Laboon, Houston, TX, for appellant.

James L. Post, Corpus Christi, TX, for Norma & Alisha Danielle Castillo.

Rene Rodriguez, Matthew B. Cano, Hunt, Hermansen, McKibben & English, L.L.P., Corpus Christi, TX, for Mauro & Alicia Castillo.

Lisa Powell, Charles W. Hury, Atlas & Hall, McAllen, TX, for Ayala, Edmonson and Ramirez.

Before KING, DAVIS and SMITH, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Following a collision between the tow of the M/V KRISTIE LEIGH and two outboard pleasure fishing vessels, resulting in loss of life and injury, Gateway Tugs, Inc., sought exoneration from or limitation of its liability.1 Following a bench trial, the district court denied Gateway both exoneration and limitation. Gateway appeals only the latter decision. We reverse the district court's denial of limitation...

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