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CHOTIN TRANSPORTATION, INC. v. HARBOR TOWING & FLEETING, INC.

No. 2000-CA-0803.

804 So.2d 78 (2001)

CHOTIN TRANSPORTATION, INC. v. HARBOR TOWING & FLEETING, INC.

Court of Appeal of Louisiana, Fourth Circuit.

Opinion Granting Rehearing January 15, 2002.

Attorney(s) appearing for the Case

John D. Fitzmorris, Jr., Francis A. Courtenay, Jr., Courtenay, Forstall, Hunter & Fontana, New Orleans, LA, Counsel For Plaintiff/Appellant.

Michael R. Delesdernier, Metairie, LA, and Piper D. Griffin, New Orleans, LA, Counsel For Defendant/Appellee.

Court composed of Judge MIRIAM G. WALTZER, Judge PATRICIA RIVET MURRAY, Judge TERRI F. LOVE.

LOVE, Judge.

Chotin Transportation, Inc. (Chotin) filed a petition for a preliminary injunction, seeking to enjoin Harbor Towing & Fleeting, Inc. (Harbor) from operating its barge fleeting business on the river batture on the west bank of the Mississippi River at approximately mile 90.5. The District Court denied the injunction finding that Chotin failed to meet its burden of proving irreparable harm and failed to make a prima facie showing that it would succeed...

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