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DOW CHEMICAL CO. v. M/V GULF SEAS

No. 78-3124 Summary Calendar.

593 F.2d 613 (1979)

The DOW CHEMICAL COMPANY, Plaintiff-Appellee, v. M/V GULF SEAS, Its Tackle, etc., In Rem, Defendant, Gulf Mississippi Marine Corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 19, 1979.

Attorney(s) appearing for the Case

Richard B. Foster, Atty., George A. Frilot, III, New Orleans, La., for defendant.

Eikel & Davey, Attys., Robert Eikel, Houston, Tex., for plaintiff-appellee.

Before COLEMAN, FAY and RUBIN, Circuit Judges.

PER CURIAM:

In 1971 Dow's barge and cargo, while in custody of Gulf Mississippi's tug, sank. Dow sued for damages, and Gulf Mississippi denied liability. The trial judge eventually found mutual fault and divided liability evenly between the parties. In a separate trial on damages, the court found replacement of the barge to cost $980,000. Dow had alleged its value at $1,500,000. Other damages were not seriously disputed. The judge found no "peculiar circumstances...

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