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eBook details

• Title: Consolidated Aluminum Corp. v. C.F. Bean Corp.
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 03, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

This case returns after remand, 772 F.2d 1217 (5th Cir.1985), with Consolidated Aluminum Corporation appealing a bench-trial judgment rejecting its claims against C.F. Bean Corporation and Bean Dredging Corporation (collectively Bean), 639 F. Supp. 1173 (W.D.La.1986). Consolidated seeks recovery for physical damage to its aluminum manufacturing facilities and for attendant economic loss caused by the interruption of its supply of natural gas. Its gas supply was suddenly terminated when a Bean dredge negligently ruptured a Texaco pipeline, causing Texaco to close the nearest valves to stem the flow of escaping gas. In the first appeal Consolidated sought and secured reversal of a summary judgment in favor of Bean. The district court initially concluded that the rule of Robins Dry Dock & Repair Co. v. Flint, 275 U.S. 303, 48 S. Ct. 134, 72 L. Ed. 290 (1927), as expanded by this court in Louisiana ex rel. Guste v. M/V TESTBANK, 752 F.2d 1019 (5th Cir.1985) (en banc), cert. denied, sub nom. White v. M/V TESTBANK, 477 U.S. 903, 106 S. Ct. 3271, 91 L. Ed. 2d 562 (1986), mandated a summary dismissal. We concluded that the "bright line" rule of Robins Dry Dock and TESTBANK "does not reach the instant case and that a plaintiffs claim of negligence for physical damages to equipment in which the plaintiff has a proprietary interest should be analyzed under tort principles applied by this Court in admiralty." 772 F.2d at 1218.

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