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RIVERWAY CO. v. SPIVEY MARINE & HARBOR SERVICE CO.

Civ. No. 84-3184.

598 F.Supp. 909 (1984)

RIVERWAY COMPANY, Plaintiff, v. SPIVEY MARINE AND HARBOR SERVICE CO., in personam, and M/V David Ryan, in rem, Defendants.

United States District Court, S.D. Illinois, East St. Louis Division.

December 5, 1984.

Attorney(s) appearing for the Case

Theodore J. MacDonald, Jr., St. Louis, Mo., Thompson & Mitchell, East St. Louis, Ill., for plaintiff.

Gary K. Morgan, Lucas & Murphy, St. Louis, Mo., Malcolm D. Durr, Alton, Ill., for defendants.

MEMORANDUM AND ORDER

FOREMAN, Chief Judge:

Defendants Spivey Marine and Harbor Service Company, in personam, and the M/V DAVID RYAN, in rem, have filed a Motion to Dismiss the Complaint of Plaintiff Riverway Company. Plaintiff Riverway Company (Riverway) instituted this action seeking damages as a proximate result of defendants' negligence in causing the plaintiff's barge, while in tow of the M/V DAVID RYAN, to strike an object in the Illinois...

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