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BUNGE CORP. v. AGRI-TRANS CORP.

Nos. GC 79-106-WK-O, GC 80-224-WK-O.

542 F.Supp. 961 (1982)

BUNGE CORPORATION, Plaintiff, v. AGRI-TRANS CORPORATION, Defendant. AGRI-TRANS CORPORATION, Plaintiff, v. GLADDERS BARGE LINE, INC., et al., Defendants.

United States District Court, N. D. Mississippi, Greenville Division.

As Amended August 4, 1982.

Attorney(s) appearing for the Case

Frank S. Thackston, Jr., Greenville, Miss., for Bunge.

Terry A. McCall, New Orleans, La., for Agri-Trans.

Joel J. Henderson, Greenville, Miss., for Gladders.

Debra Kossow, Dept. of Justice, Washington, D. C., for the U. S.

MEMORANDUM OPINION

KEADY, Chief Judge.

In these consolidated admiralty actions, three questions arise. First, may the non-negligent owner of an abandoned sunken vessel obtain "prospective" indemnity against the negligent sinker for claims of third parties that might be asserted at some future date because of the presence of the sunken vessel in navigable waters? Second, may the non-negligent owner of an abandoned sunken vessel obtain declaratory relief against...

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