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AMERICAN COMMERCIAL LINES v. UNITED STATES

Nos. 83-489C(1), 83-1364C(1) and 83-2242C(1).

590 F.Supp. 816 (1984)

AMERICAN COMMERCIAL LINES, INC., Owner, and Inland Tugs Co., Owner, of the Barge CHEM-104 in an Action for Exoneration From and/or Limitation of Liability, Petitioners, American Commercial Lines, Inc., and Inland Tugs Co., Corporations, Plaintiffs, v. The UNITED STATES of America, Defendant. Gerald FOX, Plaintiff, v. The UNITED STATES COAST GUARD and the United States of America, in personam, Defendants. Gerald FOX, Plaintiff, v. AMERICAN COMMERCIAL BARGE LINE COMPANY, a corporation, and Monsanto Company, a corporation, Defendants.

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

July 9, 1984.

Attorney(s) appearing for the Case

Michael D. O'Keefe, Thomas R. Jayne, Thompson & Mitchell, St. Louis, Mo., for American Commercial Barge Lines Co.

Kenneth R. Heineman, Louis F. Bonacorsi, St. Louis, Mo., for Monsanto Co.

Gary E. Peel, David Herndon, L. Thomas Lakin, Lakin, Herndon & Peel, P.C., Henry Sintzenich, East Alton, Ill., for Gerald Fox.

J. Paul McGrath, Debra J. Kossow, Asst. Atty. Gen., Torts Branch, Civil Div., U.S. Dept. of Justice, Washington, D.C., Joseph B. Moore, Asst. U.S. Atty., Dept. of Justice, William A. Cassels, Commander, Second Coast Guard District, St. Louis, Mo., for U.S.

MEMORANDUM

NANGLE, Chief Judge.

This admiralty action is a consolidation of three (3) separate actions which arose out of the alleged grounding of the barge CHEM-104 on or about March 4, 1981, while in the tow of the M/V R.W. NAYE. However, Cause Numbers 83-1364C(1) and 83-2242C(1) are no longer before this Court because plaintiff Gerald Fox has dismissed with prejudice his causes of action against the United States of America and Monsanto Company.

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