Certain Underwriters, et al v. Commerce Indust Ins

1 Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
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No. 00-30429
Summary Calendar
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CERTAIN UNDERWRITERS,
subscribing to Burke Daniels Policy Number BD-CJP-132,
Plaintiff - Appellee-Cross-Appellant,
VERSUS
COMMERCE AND INDUSTRY INSURANCE COMPANY, et al,
Defendants,
COMMERCE AND INDUSTRY INSURANCE COMPANY;
GULF SOUTH SYSTEMS, INC.,
Defendants - Appellants-Cross-Appellees.
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PANACO, INC.,
Plaintiff - Appellee-Cross-Appellant,
VERSUS
GULF SOUTH SYSTEMS, INC., et al,
Defendants,
GULF SOUTH SYSTEMS, INC.; COMMERCE AND INDUSTRY INSURANCE CO.,
Defendants - Appellants-Cross-Appellees.
Appeal from the United States District Court for
the Eastern District of Louisiana
(97-CV-491)
August 8, 2001
Before DAVIS, JONES and DeMOSS, Circuit Judges.
PER CURIAM:1

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under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
The Defendants challenge the judgment of the district court,
arguing that the plaintiffs produced insufficient evidence to
support the court’s findings and conclusions reached after a
bench trial on the issues of liability and damages. We disagree
and affirm for essentially the reasons stated in the district
court’s Findings of Fact and Conclusions of Law dated January 27,
2000. Relying on the testimony of the Plaintiff’s experts and
independent supporting evidence, the district court did not
clearly err in concluding that, more likely than not, the
explosion and fire at Panaco’s production facility were caused by
the negligence or fault of Gulf South. We give great deference
to the credibility determinations reflected in those findings.
In addition, the district court’s assessment of damages is well
within the range of damage estimates presented at trial. For
this reason it is unnecessary to consider plaintiff’s cross-
appeal seeking an increase in the damage award.
AFFIRMED.

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