In re: In the Matter of: MID-SOUTH TOWING CO., as Owner and Operator of M/V DIANE OAK, Praying for Exoneration from and/or Limitation of Liability.
Mid-South Towing Company, etc.; et al., Petitioners,
Dow Chemical Company, Claimant, Teco Barge Line, Inc., Successor in Interest to Mid-South Towing Company, Plaintiff-Appellant,
v.
Exmar Lux; et al., Defendants,
Bona Shipholding; West of England Ship Owners Mutual Insurance Association, (Luxembourg); Standard Steamship Owners' Protection & Indemnity Association Bermuda Ltd.; Teekay Shipping Canada Ltd.; American River Transportation Co.; Exmar Lux SA; Tecto Luxembourg SA, Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
July 25, 2005.
July 25, 2005.
Attorney(s) appearing for the Case
Hugh Ramsay Straub (argued), Michael MacKenzie Butterworth, Terriberry, Carroll & Yancey, New Orleans, LA, for Plaintiff-Appellant.
Robert H. Murphy (argued), Peter Brooks Sloss, Peter Bedford Tompkins, Murphy, Rogers & Sloss, New Orleans, LA, for Bona Shipholding, Standard Steamship Owners' Protection & Indem. Ass'n Bermuda Ltd. and Teekay Shipping Canada Ltd.
Robert B. Fisher, Jr. (argued), Thomas D. Forbes, Heather M. Valliant, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for West of England Ship Owners Mut. Ins. Ass'n (Luxembourg), Exmar Lux SA and Tecto Luxembourg SA.
Georges M. Legrand (argued), Daniel J. Hoerner, Derek M. Mercer, Mouledoux, Bland, Legrand & Brackett, Robert Joseph Daigre, Dugan & Browne, New Orleans, LA, for American River Transp. Co.
Before SMITH, DENNIS and PRADO, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
DENNIS, Circuit Judge:
This case stems from an allision1 between M/V DIANE OAK, a vessel now owned and operated by Teco Barge Line, Inc., and a wharf owned by Dow Chemical Company ("Dow"). The allision caused severe damage to the wharf. Consequently, M/V DIANE OAK2 filed a petition for limitation of liability; Dow countered by filing a claim in the limitation proceeding...
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