CRESCENT TOWING & SALVAGE CO. v. CHIOS BEAUTY MV

No. 09-30055.

610 F.3d 263 (2010)

CRESCENT TOWING & SALVAGE COMPANY, INC.; Cooper Consolidated, Inc., Plaintiffs-Appellees Cross-Appellants, v. CHIOS BEAUTY MV, her engines, boilers, tackle, apparel, etc., in rem; Harbor Shipping and Trading, S.A.; Chios Beauty Shipping and Trading, S.A., Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

June 23, 2010.


Attorney(s) appearing for the Case

David Michael Flotte (argued), Joseph Edward Lee, III, Preis & Roy, A.P.L.C., New Orleans, LA, for Plaintiffs-Appellees Cross-Appellants.

Patrick J. McShane (argued), Lara Namer DiCristina, Frilot, L.L.C., New Orleans, LA, for Defendants-Appellants Cross-Appellees.

Before GARWOOD, SMITH and CLEMENT, Circuit Judges.


EDITH BROWN CLEMENT, Circuit Judge:

Plaintiffs brought suit against the CHIOS BEAUTY M/V and her owner and operator (together, "Defendants") for damages sustained when the ship allided with Plaintiffs' barges and tugboats, which were moored in the Mississippi near New Orleans during Hurricane Katrina. The district court found that the Defendants were negligent when they brought CHIOS BEAUTY into New Orleans in the face of the impending storm. The district court also...

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