Horizon Petroleum Co. v. Barges Dixie 162, 234 & 236

GEE, Circuit Judge:

Bride Co., Horizon Petroleum Co., and Osborne Energy Corp. (the “plaintiffs”) brought separate actions in the district court alleging that the defendant Dixie Carriers, Inc. (Dixie) was responsible for damage to cargoes of crude oil that Dixie had delivered. After a hearing, the district court granted summary judgment for Dixie. We affirm.

I

During 1981 the plaintiffs separately entered into contracts of affreightment with Dixie. These contracts were identical, providing that Dixie would transport crude oil from the Port of Houston to various ports in Louisiana. Each also…