IN RE SETTOON TOWING, L.L.C.

No. 16-30459.

859 F.3d 340 (2017)

IN RE: In the Matter of the Complaint of SETTOON TOWING, L.L.C., as Owner and Operator of the M/V Hannah C. Settoon, for Exoneration from or Limitation of Liability, Settoon Towing, L.L.C., Owner and Operator of the M/V Hannah C. Settoon, Petitioner-Appellee, v. Marquette Transportation Company, L.L.C., Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED June 9, 2017.


Attorney(s) appearing for the Case

Jefferson Randolph Tillery, Esq. , Heather Lindsey Kirk , Catherine Barrett Rice, Esq. , Jones Walker, L.L.P., New Orleans, LA, for Petitioner-Appellee.

Evans Martin McLeod, Esq. , Michael MacKenzie Butterworth, Esq. , Adam Neely Davis , David J. Saltaformaggio , New Orleans, LA, John Michael Elsley , Houston, TX, Phelps Dunbar, L.L.P., for Claimant-Appellant.

Before SMITH, CLEMENT, and SOUTHWICK, Circuit Judges.


One flotilla of barges encountered another on the lower Mississippi River. Both followed the usual protocol of entering an agreement by radio for how one was to overtake and pass the other. A collision nonetheless resulted, causing an oil spill that closed a portion of the river for two days. Cleanup was immediately...

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