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Reserve Mooring, Inc. v. American Commercial Barge Line, LLC.

Physical injury to a proprietary interest is a prerequisite to recovery of economic damages in cases of unintentional maritime tort; the defendants' negligence did not result in physical damage to the plaintiff's mooring facility, but only interfered with the plaintiff's business expectancy by preventing other vessels from mooring at the facility for a period of time.

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Appeals from the United States District Court for the Eastern District of Louisiana

I. Facts and Procedural History

Plaintiff Reserve Mooring, Inc. (Reserve) maintains a midstream mooring facility at Mile 138.3 on the Mississippi River. The mooring facility consists of five buoys and anchor piles, which Reserve installed pursuant to a permit from the United States Army Corps of Engineers.*fn2 On May 5, 1998, while moored at the site, a barge owned and operated by defendant American Commercial Barge Line (ACBL) sank while goods were being unloaded to it from another barge owned by defendant Associated Terminals (Associated). Although the accident did not cause any physical damage to the mooring facility, the site remained blocked until salvage operations were completed on August 20, 1998.

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