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WARRIOR TOMBIGBEE TRANSP. v. 5,775.674 NET TONS

Civ. A. No. 82-0392.

570 F.Supp. 1405 (1983)

WARRIOR TOMBIGBEE TRANSPORTATION CO., INC., Plaintiff, v. 5,775.674 NET TONS OF COAL, etc., in rem, Smith Coal Sales Company, in personam, and Abston Construction Company, Inc., in personam, Defendants.

United States District Court, S.D. Alabama, Civil (Maritime Claim) Division.

September 16, 1983.

Attorney(s) appearing for the Case

J.M. Druhan, D. Charles Holtz, Mobile, Ala., for plaintiff.

E.B. Peebles, III, Donald C. Radcliff, Mobile, Ala., for Southern Marine Service, Inc.

Joseph M. Allen, Jr., Gregory C. Buffalow, Mobile, Ala., Borden Martin Ray, Tuscaloosa, Ala., for Abston Const. Co. Inc., as owner of Coal.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

DANIEL HOLCOMBE THOMAS, Senior District Judge.

This was a non-jury admiralty case involving an in rem action to enforce separate maritime liens arising out of towage services from Brookwood to Mobile, Alabama, supplied to four separate parcels of coal. There was a separate in personam action against Smith Coal Sales Company for unpaid accounts pertaining to towage of the four parcels (barges) of coal...

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