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ARKANSAS RIVER CO. v. CSX TRANSP.

Civ. A. No. C90-0024-P(J).

780 F.Supp. 1138 (1991)

ARKANSAS RIVER COMPANY, Plaintiff, v. CSX TRANSPORTATION, and United States of America, Defendants.

United States District Court, W.D. Kentucky, Paducah Division.

April 25, 1991.

Attorney(s) appearing for the Case

Ernest Lane, III, Greenville, Miss., Mark C. Whitlow, Whitlow, Roberts, Houston & Russell, Paducah, Ky., for Arkansas River Co.

John E. Wells, IV, Trial Atty., Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for U.S.

E. Spivey Gault, Lake, Tindall, Hunger & Thackston, Paducah, Ky., for CSX Transp.

MEMORANDUM OPINION

JOHNSTONE, District Judge.

On the night of December 10, 1986 at Mile 79.6 on the Green River, the M/V MARY ANN HARBISON and its tow struck the Smallhaus Bridge. The bridge is protected by concrete piers encased in steel rubbing beams commonly known as a "fender system." The fender system protects the bridge from damage due to marine traffic and is designated as an "aid to navigation" on all navigational charts and blue prints of the United...

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