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Torts Keyed to Prosser
State of Louisiana ex rel. Guste v. M/V Testbank
Facts
On the evening of July 22, 1980, the M/V Sea Daniel, an inbound bulk carrier, and the M/V Testbank, an outbound container ship, collided on the Mississippi River. Containers aboard the Testbank were damaged and lost overboard. During the wreck, hydrobromic acid and pentachlorophenol (PCP), were released into the environment. The Coast Guard closed the outlet until August 10, 1980 and all fishing, shrimping and related activities were temporarily suspended. Numerous lawsuits representing the affected parties were filed and consolidated before the same judge in the Eastern District of Louisiana. Defendants moved for summary judgment on all claims for economic loss unaccompanied by physical damage to property. The district court granted the summary judgment and on appeal a panel of this court affirmed. Judge Wisdom specially concurred urging reexamination en banc, with which the court agreed.
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