United States Fifth Circuit

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Crescent Towing & Salvage Co. v. Chios Beauty MV, 09-30055

In an action for damages sustained when defendant's ship collided with plaintiffs' barges and tugboats during Hurricane Katrina, partial judgment for plaintiff is affirmed in part where the district court did not clearly err in its finding of a predicted "direct hit" on New Orleans by the hurricane, its factual findings based on this finding, and the ultimate finding of negligence to the extent that it relied upon this finding. However, the matter is remanded where the district court needed to enter an order setting the total amount of recovery plaintiffs could recover in rem.

Appellate Information

  • Decided 06/25/2010
  • Published 06/25/2010

Judges

  • EDITH BROWN CLEMENT, Circuit Judge:, Before GARWOOD, SMITH, and CLEMENT, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel