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CATALYST OLD RIVER HYDROELECTRIC v. INGRAM BARGE

No. 10-30466.

639 F.3d 207 (2011)

CATALYST OLD RIVER HYDROELECTRIC LIMITED PARTNERSHIP, Plaintiff-Appellant, v. INGRAM BARGE CO.; John Doe; A B C Insurance Co.; James Roe; X Y Z Insurance Co.; American River Transportation Co., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 15, 2011.

Attorney(s) appearing for the Case

Edward E. Rundell , Stephen Alan La-Fleur (argued), Heather M. Mathews , Gold, Weems, Bruser, Sues & Rundell, Alexandria, LA, David Robert Opperman , Smith, Taliaferro, Purvis & Boothe, Jonesville, LA, for Plaintiff-Appellant.

Gary Ray Bratton (argued), Elissa M. Marcopulos , Bratton, O'Neal & Thorp, P.C., Memphis, TN, Wilton Ellwood Bland, III (argued), Mouledoux, Bland, Legrand & Brackett, L.L.C., New Orleans, LA, Mark Alan Lowe, Sr. , Liskow & Lewis, Lafayette, LA, for Defendants-Appellees.

Before DAVIS, WIENER, and BENAVIDES, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Catalyst Old River Hydroelectric Limited Partnership ("Catalyst") appeals the judgment of the district court dismissing on summary judgment its claims for damage arising out of a maritime tort. Specifically, Catalyst argues that the district court erred by finding that the entry of the barge of defendant American River Transportation Co. ("ARTCO") into the intake channel of Catalyst's hydroelectric facility did not satisfy the damage...

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