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DOW CHEMICAL COMPANY v. BARGE UM-23B

No. 805.

319 F.Supp. 906 (1970)

The DOW CHEMICAL COMPANY v. The BARGE UM-23B, its tackle, apparel, etc. and the BARGE BC-598, its tackle, apparel, etc., in rem, and Bartlett & Company, Missouri River Barge Lines, Inc., Cargo Carriers, Inc. and Upper Mississippi Towing Corporation, in personam, and the VESSEL BIG LOUIE II and Dorr Towing Company, Incorporated.

United States District Court, E. D. Louisiana, Baton Rouge Division.

November 30, 1970.

Attorney(s) appearing for the Case

J. Barbee Winston, James H. Roussel, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., for respondents, Bartlett & Co. and Missouri River Barge Lines, Inc.

J. Y. Gilmore, Jr., Faris, Ellis, Cutrone, Gilmore & Lautenschlaeger, New Orleans, La., for respondent, Upper Mississippi Towing Corp.

Tom F. Phillips, Taylor, Porter, Brooks, Fuller & Phillips, Baton Rouge, La., for respondent, Cargo Carriers, Inc.

WEST, Chief Judge:

This libel action was brought by the Dow Chemical Company to recover the cost of replacing its mooring facility in the Mississippi River at Baton Rouge, Louisiana, which was struck by two breakaway barges, the BC-598, owned by Bartlett & Company, Grain, and Missouri River Barge Lines, Inc. and the UM-23B, owned by the Upper Mississippi Towing Corporation. Upon trial, this Court found that the negligence of Cargo Carriers, Inc. caused the initial...

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