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BANGOR & A. R. CO. v. SHIP FERNVIEW

Civ. Nos. 74-46-ND, 76-77-ND.

455 F.Supp. 1043 (1978)

BANGOR & AROOSTOOK RAILROAD COMPANY, Plaintiff, v. The SHIP FERNVIEW et al., Defendant and Third-Party Plaintiff, v. I.T.O. CORP. OF NEW ENGLAND, Third-Party Defendant. DELTA CHEMICAL, INC., Third-Party Defendant and Fourth-Party Plaintiff, v. William E. ABBOTT, Fourth-Party Defendant. BANGOR & AROOSTOOK RAILROAD COMPANY, Plaintiff, v. FEARNLEE & EGER, Defendant.

United States District Court, D. Maine, N. D.

August 10, 1978.

Attorney(s) appearing for the Case

William M. Houston, V. P. & Gen. Counsel, Bangor & Aroostook R. Co., Bangor, Maine, Howard H. Dana, Verrill & Dana, Portland, Maine, for Bangor & Aroostook R. Co.

Benjamin Thompson, Thomas R. McNaboe, Paul Vielmetti, Alan S. Polackwich, Portland, Maine, for Fernview and Fearnlee.

Gene Carter, Rudman, Winchell, Carter & Buckley, John M. Wallach, Bangor, Maine, Norman & Hanson, Portland, Maine, for Delta.

Harrison L. Richardson, S. Peter Mills, III, Portland, Maine, for I.T.O.

Richard W. Glass, Belfast, Maine, and John W. Ballou, Bangor, Maine, for Wm. Abbott.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND DIRECTION FOR ENTRY OF JUDGMENT

GIGNOUX, District Judge.

These two consolidated actions arise out of a collision which occurred at 0735 on the morning of August 21, 1974, when the dry cargo vessel FERNVIEW while attempting to dock at the Bangor & Aroostook Railroad Company ("BAR") pier at Searsport, Maine collided with the south end of the pier causing considerable damage to the pier. The collision occurred under...

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