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STATE OF ALA. v. NATIONAL MARINE SERV., INC.

Civ. A. No. 75-594-T.

434 F.Supp. 1097 (1977)

STATE OF ALABAMA, a sovereign state of the United States of America, Plaintiff, v. NATIONAL MARINE SERVICE, INCORPORATED, a corporation, American Commercial Barge Lines, Inc., a corporation, American Commercial Lines, Inc., a corporation, and Jennifer Marine Towing, Inc., a corporation, in personam, and the M/V NATIONAL IDEAL, the M/V DAN J. HOGAN, and the M/V JENNIFER: their engines, hull, tackle, equipment and appurtenances, in rem, Defendants.

United States District Court, S. D. Alabama, S. D.

July 21, 1977.

Attorney(s) appearing for the Case

A. Clay Rankin, III, Mobile, Ala., for plaintiff.

Norman Waldrop, Jr., Mobile, Ala., and Edward S. Bagley, New Orleans, La., for National Marine Service, Inc., and M/V National Ideal.

John J. Broders, New Orleans, La., and George F. Wood, Mobile, Ala., for American Commercial Lines, Inc., American Barge Line Co., and M/V Dan J. Hogan.

Alex T. Howard, Jr., Mobile, Ala., for Jennifer Marine Towing, Inc. and M/V Jennifer.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

DANIEL HOLCOMBE THOMAS, Senior District Judge.

The above-styled cause was heard by the Court without a jury on the issue of liability only on January 24 through January 27, 1977, and was taken under submission on May 25, 1977. The Court having examined the pleadings and the evidence presented at the trial makes the following Findings of Fact and Conclusions of Law:

FINDINGS OF FACT

1. The plaintiff...

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