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UNITED STATES v. FEDERAL BARGE LINES, INC.

No. 75-720A (3).

433 F.Supp. 53 (1977)

UNITED STATES of America, Plaintiff, v. FEDERAL BARGE LINES, INC., and Dundee Cement Company, in personam and M/V TOM TALBERT, her engines, tackle, appurtenances, etc., et al., in rem, Defendants.

United States District Court, E. D. Missouri, E. D.

May 3, 1977.

Attorney(s) appearing for the Case

Barry A. Short, U.S. Atty., Jean C. Hamilton, Asst. U.S. Atty., St. Louis, Mo., for plaintiff.

Elmer Price, Goldstein & Price, St. Louis, Mo., for defendant Federal Barge Lines, Inc. and M/V Tom Talbert.

Fritz G. Faerber, Lucas & Murphy, St. Louis, Mo., Lucian Y. Ray, Ray, Robinson, Keenen & Harrinen, Cleveland, Ohio, for defendant Dundee Cement Co.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

WANGELIN, District Judge.

PRELIMINARY STATEMENT

The parties to this action agreed and stipulated that in considering the respective motions of the Defendants to dismiss the government's Complaint, the Court might read and consider as evidence the deposition testimony of Captain L. B. Powell, who was the pilot on watch of the M/V TOM TALBERT at the time of the incident complained of, which deposition was on...

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