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CLINTON BD. OF PARK COM'RS v. CLAUSSEN

Civ. No. 75-44-D.

410 F.Supp. 320 (1976)

CLINTON BOARD OF PARK COMMISSIONERS, and owner of the VESSEL RHODODENDRON, Plaintiffs, v. Margaret Foster CLAUSSEN, Individually and as Administrator of the Estate of William T. Foster, Jr., a Deceased Minor, and William T. Foster, Individually, Defendants.

United States District Court, S. D. Iowa, Davenport Division.

April 7, 1976.

Attorney(s) appearing for the Case

Harold L. Witsaman (Ray, Robinson, Keenen & Hanninen), Chicago, Ill., Thomas N. Kamp (Lane & Waterman), Davenport, Iowa, for plaintiffs.

Warren C. Johnson, Paul E. Pfeffer, Clinton, Iowa, for defendants.

ORDER

STUART, District Judge.

The Clinton County Board of Park Commissioners brings this action seeking to invoke federal admiralty jurisdiction in order to claim the benefits of 46 U.S.C. §§ 183-189 which can be used in appropriate situations to limit the liability of a vessel owner in maritime tort actions. Defendants have answered the complaint and have moved therein to dismiss the cause for lack of proper admiralty jurisdiction. Although defendants...

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