Legal Opinion
Dow Chemical Co. v. The Barge UM-23B
Court of Appeals for the Fifth Circuit
Decided April 13, 1970No. 27330PublishedCited by 20 opinions
1Opinion of the Court
DYER, Circuit Judge:
We are concerned in this appeal with who should bear the cost of Dow Chemical’s mooring facility which was replaced after being struck on two separate occasions by breakaway drifting barges. The District Court found the wharfinger, Cargo Carriers, Inc., negligent in connection with the breakaway of Barge BC-598 on March 28, 1964, but further found that an efficient intervening cause of the barge’s collision with Dow’s dolphin was the negligence of the tug Skipjack, owned and operated by Two Twenty-Eight Terminal Services, Inc., an independent contractor, upon whom…
2Cases cited15 opinions
- McAllister v. United StatesSupreme Court of the United States · 1954
- Ex Parte Republic of PeruSupreme Court of the United States · 1943
- Gardner v. Panama RailroadSupreme Court of the United States · 1951
- The ResoluteSupreme Court of the United States · 1897
- Leon Akers v. State Marine Lines, Inc.Court of Appeals for the Fifth Circuit · 1965
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Leopard Marine & Trading, Ltd. v. Easy St. Ltd.Court of Appeals for the Second Circuit · 2018
- Pasco Marketing, Inc., a Corporation v. Taylor Towing Service, Inc., a Corp., and Security Barge Line, Inc., a Corp.Court of Appeals for the Eighth Circuit · 1977
- Odd Bergs Tankrederi A/s as Owner of the M/s Kollgeir v. S/t Gulfspray, Her Engines, Tackle, Appurtenances and Gulf Oil CorporationCourt of Appeals for the Fifth Circuit · 1981
- Smith v. Western Offshore, Inc.District Court, E.D. Louisiana · 1984
- Karl Senner, Inc. v. M/V ACADIAN VALORDistrict Court, E.D. Louisiana · 1980
15 more not listed; retrieve them via the Exa API.