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LOGAN CHARTER SERVICE, INC. v. CARGILL, INC.

No. 18088.

373 F.2d 54 (1967)

LOGAN CHARTER SERVICE, INC., in personam and the TUG CITY OF JOLIET, Her Engines, Tackle, Furniture, etc., in rem, Appellant, v. CARGILL, INC., The Continental Insurance Company, United Barge Co., Inc., Dairyland Power Co-operative and the United States of America, Appellees.

United States Court of Appeals Eighth Circuit.

February 6, 1967.

Attorney(s) appearing for the Case

George B. Matthews, of Lemle & Kelleher, New Orleans, La., for appellant; Curtis L. Roy and Dorsey, Owen, Marquart, Windhorst & West, Minneapolis, Minn., were with him on the briefs.

T. C. W. Ellis, of Faris, Ellis, Cutrone, Gilmore & Lautenschlaeger, New Orleans, La., for appellees Cargill, Inc., Continental Ins. Co., United Barge Co. and Dairyland Power Cooperative; Richards, Montgomery, Cobb & Bassford, Minneapolis, Minn., were with him on the brief for those appellees.

Martin Jacobs, Atty., Dept. of Justice, Washington, D. C., for appellee United States; John W. Douglas, Asst. Atty. Gen., David L. Rose and Miles W. Lord, U. S. Atty., Minneapolis, Minn., were on the brief.

Before VOGEL, Chief Judge, and MATTHES and MEHAFFY, Circuit Judges.

MEHAFFY, Circuit Judge.

This appeal is from a decree of the United States District Court for the District of Minnesota, sitting in admiralty, growing out of a collision of the tow M/V CITY OF JOLIET with Lock and Dam No. 3 on the upper Mississippi River. The District Court found the crew of the CITY OF JOLIET at fault for the collision and awarded damages for the loss of the barge and its cargo and for damage to the dam. We affirm.

A number of interests are...

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