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AMERICAN RIVER LINES, INC. v. CENTRAL SOYA CO.

No. GC 80-172-WK-O.

524 F.Supp. 246 (1981)

AMERICAN RIVER LINES, INC., Plaintiff, v. CENTRAL SOYA COMPANY, INC., in personam, and the Barges ARL 105, ARL 109B and ARL 110B, in rem, Defendants.

United States District Court, N. D. Mississippi, Greenville Division.

October 8, 1981.

Attorney(s) appearing for the Case

Lawrence Wade, Greenville, Miss., for plaintiff.

J. Robertshaw, Greenville, Miss., for defendants.

MEMORANDUM OPINION

KEADY, Chief Judge.

In this admiralty action, plaintiff American River Lines, Inc., (ARL) seeks recovery of three barges from defendant Central Soya Company (CSY), the bare-boat charterer. The dispute concerns the right of ARL to withdraw the barges from a charter party after late tender of charter hire by CSY. On the facts set forth below, the court addresses CSY's motion for summary judgment.

A. THE FACTS

In 1970 and...

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