Legal Opinion

The Dow Chemical Company, Plaintiff-Appellant-Cross v. Dixie Carriers, Inc., Defendant-Appellee-Cross

Court of Appeals for the Fifth Circuit

Decided July 5, 1972No. 71-3413PublishedCited by 28 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge.

Dow Chemical Company brought an action in admiralty against Dixie Carriers for damages to the fender works resulting from three separate collisions between barges under tow by a Dow tug demise chartered to Dixie and a railroad bridge fender system constructed by Dow on its barge canal at Freeport, Texas. Both parties appeal from the District Court’s $17,055 judgment in favor of Dow, 330 F.Supp. 1304. We affirm.

Dixie’s primary argument is that the terms of the time charter generously provide it with absolute immunity against all liability for collision damage,…

2Cases cited25 opinions

  1. The PennsylvaniaSupreme Court of the United States · 1874
  2. United States v. SeckingerSupreme Court of the United States · 1970
  3. Atlee v. Packet Co.Supreme Court of the United States · 1875
  4. Leovy v. United StatesSupreme Court of the United States · 1900
  5. McKie v. Diamond Marine Co.Court of Appeals for the Fifth Circuit · 1953

20 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Noritake Co., Inc. v. M/v Hellenic ChampionCourt of Appeals for the Fifth Circuit · 1980
  2. JIG the Third Corp. v. Puritan Marine Insurance Underwriters Corp.Court of Appeals for the Fifth Circuit · 1975
  3. M. O. N. T. Boat Rental Services, Inc. v. Union Oil Company of CaliforniaCourt of Appeals for the Fifth Circuit · 1980
  4. Hudson Waterways Corp. v. Coastal Marine Service, Inc.District Court, E.D. Texas · 1977
  5. Pillsbury Co. v. Midland Enterprises, Inc.District Court, E.D. Louisiana · 1989

23 more not listed; retrieve them via the Exa API.

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