MEMORANDUM AND ORDER
SHARP, Chief Judge.
There are cross motions for summary judgment pending on the issues of liability in this case which the Court now takes up.
I.
Plaintiff Indiana Port Commission was created by the General Assembly of the State of Indiana in 1961, ch. 11, § 1, p. 14; Indiana Revised Statutes § 8-10-1-1 et seq. Its purpose is to "promote the agricultural, industrial and commercial development of the...
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