Legal Opinion

Flowers Transportation, Inc. v. M/v Peanut Hollinger, Her Engines, Tackle, Apparel, Etc., in Rem, Plimsoll Marine, Inc. And Adnac

Court of Appeals for the Fifth Circuit

Decided December 18, 1981No. 80-3583PublishedCited by 13 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

A barge loaded with grain sank. The district court made findings of fact and concluded that the fault was attributable 65% to Flowers Transportation, Inc., the owner of the barge, and 35% to Eastbank Fleet, Inc., the operator of the fleet in which the barge was placed after a downriver voyage. Concluding that Flowers’s hortative contention that these findings of fact were clearly erroneous is merely a reargument of the case made in the hope that three pairs of ears will be more sympathetic than one, and concluding also that the findings of fact were not clearly…

2Cases cited10 opinions

  1. Stegemann v. Miami Beach Boat Slips, Inc.Court of Appeals for the Fifth Circuit · 1954
  2. Curtis Bay Towing Co. Of Virginia, Inc. v. Southern Lighterage Corp. The J. Alvah Clark. The Covered WagonCourt of Appeals for the Fourth Circuit · 1952
  3. Allied Chemical Corp. v. Hess Tankship Co.Court of Appeals for the Fifth Circuit · 1981
  4. Stauffer Chemical Company v. W. D. Brunson, D/B/A Brunson Construction CompanyCourt of Appeals for the Fifth Circuit · 1967
  5. Mississippi Valley Barge Line Company v. T. L. James & Co., Inc., Mississippi Valley Barge Line Company v. T. L. James & Co., Inc.Court of Appeals for the Fifth Circuit · 1957

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3Cited by13 opinions

  1. Riley D. POUNCY, Plaintiff-Appellant, v. the PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1982
  2. Becker v. Tidewater, Inc.Court of Appeals for the Fifth Circuit · 2009
  3. Pamela Tullos, Wife Of/and Ronald David Tullos, Cross-Appellants v. Resource Drilling, Inc., and Superior Oil Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1985
  4. Weiser-Brown Operating Co. v. St. Paul Surplus Lines InsuranceCourt of Appeals for the Fifth Circuit · 2015
  5. Edward B. Brooks, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1985

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