Two ships, M/V Testbank and M/V Sea Daniel (defendants), collided, causing containers of PCP to go overboard into the Mississippi River Gulf outlet (outlet). As a result of the spill, the Coast Guard closed the outlet and suspended all fishing, shrimping, and related activities. Numerous plaintiffs brought suit and the case was consolidated. The defendants moved for summary judgment on all claims for economic loss not associated with physical damage to a proprietary interest. The district court granted the motion in regards to all plaintiffs with the exception of commercial oystermen, shrimpers, crabbers, and fishermen. A panel of the United States Court of Appeals for the Fifth Circuit affirmed. The United States Court of Appeals for the Fifth Circuit agreed to reexamine the case en banc.