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TERRE AUX BORUFS LAND v. J.R. GRAY BARGE

No. 2000-CA-2754.

803 So.2d 86 (2001)

TERRE AUX BOEUFS LAND CO., INC. v. J.R. GRAY BARGE COMPANY, Henry's Marine, Tetra technologies, INC., Zurich insurance Company, ABC Insurance Company, and DEF Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

November 14, 2001.

Attorney(s) appearing for the Case

Benjamin O. Schupp, Sergio J. Alarcon, Charles A. Snyder, Milling Benson Woodward L.L.P., Orleans, LA, Counsel for Plaintiff/Appellee.

Lee M. Peacocke, Salley & Associates, Metairie, LA, Counsel for Defendant/Appellant, Henry's Marine Service, Inc.

Ruth B. Schuster, Robert T. Lemon II, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P., New Orleans, LA, Counsel for Defendant/Appellant, Tetra Technologies, Inc.

Brandon E. Mary, Lemle & Kelleher, New Orleans, LA, Counsel for Defendants/Appellants, J.R. Gray Barge Co., and Zurich Ins. Co.

Court composed of Judge STEVEN R. PLOTKIN, Judge DENNIS R. BAGNERIS, Sr., Judge MICHAEL E. KIRBY.

PLOTKIN, Judge.

The salient issue presented by this appeal is whether a landowner is entitled to issuance of an injunction compelling removal of a barge stranded on its property as a result of Hurricane Georges. Defendants, Gray Barge Co. ("Gray"), Zurich Insurance Co. ("Zurich"), Henry's Marine ("Henry's"), and Tetra Technologies, Inc. ("Tetra"), appeal the trial judge's grant of preliminary injunctive relief in favor of plaintiff, Terre Aux Boeufs Land Company,...

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