IN MATTER OF LUHR BROTHERS, INC. (E.D.La. 10-1-2007)

CARL BARBIER, District Judge

Before the Court is Continental's Motion for Summary Judgment (Rec. Doc. 193). Terral Riverservice, Inc. opposes the motion. The motion, set for hearing on October 3, 2007, is before the Court on briefs without oral argument.

Having reviewed the motion, the memoranda of counsel, and applicable law, the Court finds that Continental Insurance Company's Motion for Summary Judgment should be granted insofar as the award of damages, but denied as to the interest rate to be used in the award of pre-judgment interest. In Admiralty cases, setting the rate of interest on a judgment is within the Court's broad discretion. Marathon Pipeline Co. v. M/V Sea Level II, 806 F.2d 585, 593 (5th Cir. 1986). Accordingly,

IT IS ORDERED that Continental Insurance Company's Motion for Summary Judgment (Rec. Doc. 193) should be and is hereby GRANTED IN PART and DENIED IN PART.