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AMERICAN RIVER TRANS CO. v. KAVO KALIAKRA SS

No. 96-30829.

148 F.3d 446 (1998)

AMERICAN RIVER TRANS COMPANY, et al., Plaintiffs, American River Trans Company; Tulane Fleeting; New Orleans Shipyard, Inc.; Archer Daniels Midland Company; Plaintiffs-Appellees, v. KAVO KALIAKRA SS, her engines, tackle, appurtenances, etc., in rem, et al., Defendants, Kavo Kaliakra SS, her engines, tackle, appurtenances, etc., in rem; United Kingdom Mutual Steamship Assurance Association (Bermuda) Ltd., in personam, Defendants-Appellants, and Arosita Shipping Company, Ltd., Claimant-Defendant-Appellant. AROSITA SHIPPING COMPANY, LTD., as owner of the M/V Kavo Kaliakra; Gromar Shipping Company, Ltd., as owners of the M/V Kavo Kaliakra; Gourdomichalis Maritime S A, as owners of the M/V Kavo Kaliakra, Petitioners-Appellants, v. COMPASS CONDO CORP., et al., Claimants, Compass Condo Corp.; New Orleans Shipyard, Inc.; Archer Daniels Midland Company; Tulane Fleeting, Inc., Claimants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 22, 1998.

Attorney(s) appearing for the Case

Andre' J. Mouledoux, Georges M. Legrand, Charles Michael Parks, Mouledoux, Bland, Legrand & Brackett, New Orleans, LA, for Plaintiffs-Appellees and New Orleans Shipyard, Inc.

Ashton R. O'Dwyer, Jr., Brandon E. Mary, Lemle & Kelleher, New Orleans, LA, for Petitioners-Appellants and Defendants-Appellants.

William J. Sommers, Jr., Terrence Christopher Forstall, Robert Pickren Kemp, Courtenay, Forstall, Hunter & Fontana, New Orleans, LA, for Compass Condo Corp.

Before WIENER, EMILIO M. GARZA and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

In this appeal, we consider whether the Pennsylvania Rule compels a finding that the presence in navigable water of barges that lacked a permit caused a carrier to allide with the barges. The district court entered judgment in favor of the barge owners, holding that the mere presence of the barges was not the cause of the allision. We affirm.

I.

On March 30, 1992, the M/V Kavo Kaliakra, a bulk carrier measuring approximately...

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