Transorient Navigators Co. v. The M/S Southwind
Court of Appeals for the Fifth Circuit
1Opinion of the Court
THORNBERRY, Circuit Judge:
INTRODUCTION:
The M/S SOUTHWIND [SOUTHWIND] and its owner appeal the district court’s determination that the SOUTHWIND was entirely to blame in a collision with the M/V ASTROS [ASTROS] in the Mississippi River Gulf Outlet [MR-GO]. We conclude that the district court clearly erred in finding that the United States Army Corps of Engineers [Corps] did not share liability for the collision. The Corps breached its duty to publish information which, if available, would have enabled the pilot of the SOUTHWIND to avoid the collision. This failure was a proximate cause of the…
2Cases cited32 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- McAllister v. United StatesSupreme Court of the United States · 1954
- The PennsylvaniaSupreme Court of the United States · 1874
- United States v. Reliable Transfer Co.Supreme Court of the United States · 1975
- United States v. Oregon State Medical SocietySupreme Court of the United States · 1952
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3Cited by2 opinions
- Omega Protein, Inc. v. Samson Contour Energy E & P LLCCourt of Appeals for the Fifth Circuit · 2008
- Transorient Navigators Company, S.A. v. The M/s Southwind, Her Engines, Tackle, Apparel, Etc., in Rem, and Westwind Africa Line, Ltd. v. U.S. Army Corps of Engineers, Flower Mills of Nigeria, Ltd. v. M/v Astros, in Rem, Transorient Navigators Company, S.A. In Personam, U.S. Army Corps of Engineers, Westwind Africa Line, Ltd. v. The United States of America, and U.S. Army Corps of Engineers, DefendantsCourt of Appeals for the Fifth Circuit · 1983