TOKIO MARINE & FIRE INS. CO., LTD. v. FLORA MV

No. 99-30913.

235 F.3d 963 (2001)

The TOKIO MARINE & FIRE INSURANCE CO., LTD., et al., Plaintiffs, v. FLORA MV, et al., Defendants. Formosa Plastics Tanker Corp., Plaintiff-Appellee, v. FLORA MV, Her Engines, Tackle, Apparel, Etc., In Rem; Segesta Shipping Co., Ltd.; EFNAV Co. Ltd., In Personam, Defendants-Appellants. In re In the Matter of the complaint of FLORA MV, For Exoneration from or Limitation of Liability. Segesta Shipping Co., Ltd.; EFNAV Co., Ltd.; FLORA MV, Petitioners-Appellants, v. Formosa Plastics Tanker Corp., Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

Revised January 18, 2001.


Attorney(s) appearing for the Case

Hugh Ramsay Straub (argued), Michael MacKenzie Butterworth, Terriberry, Carroll & Yancey, New Orleans, LA, for Plaintiff-Appellee.

George J. Fowler, III (argued), Edward F. LeBreton, III, Jon Wesley Wise, Pablo E. Carrillo, Rice, Fowler, Kingsmill, Vance, Flint & Rodriguez, New Orleans, LA, John Carl Overby, Blue Williams, Metairie, LA, for Defendants-Appellants.

William Sean O'Neil, Phelps Dunbar, New Orleans, LA, for The Associated Branch Pilots of the Port of New Orleans, Amicus Curiae.

Before KING, Chief Judge, and WIENER and CUDAHY, Circuit Judges.


CUDAHY, Circuit Judge:

On the evening of April 11, 1997, two vessels collided in the Gulf of Mexico. The chemical tanker M/V FORMOSA SIX ("FORMOSA SIX") was heading outbound from the mouth of the Mississippi River, going south toward a voluntary fairway system located in an area called the Southwest Pass. The bulk carrier M/V FLORA ("FLORA") was heading in a northerly direction inbound. Despite the apparent expanses of available water, FLORA managed to strike FORMOSA...

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