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MISSOURI DRY DOCK v. M/V STE. GENEVIEVE

No. 1:93CV5-DJS.

867 F.Supp. 879 (1994)

MISSOURI DRY DOCK & REPAIR COMPANY, INC. and Delta Enviro-Tech, Inc., Plaintiffs, v. M/V STE. GENEVIEVE, in rem, and St. Paul Fire & Marine Insurance Co., d/b/a Neare, Gibbs & Co., Defendants. MARINE LEARNING INSTITUTE, Defendant/Third-Party Plaintiff, v. MIDLAND ENTERPRISES INC., Ohio River Company and The Greater Cincinnati Tall Stacks Commission, Inc., Third-Party Defendants.

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

November 2, 1994.

Attorney(s) appearing for the Case

Daryl F. Sohn, Goldstein and Price, Teresa A. McNail, Associate, Greensfelder and Hemker, St. Louis, MO, for plaintiff Missouri Dry Dock & Repair Co., Inc.

Gary D. McConnell, Peper and Martin, St. Louis, MO, for intervenor plaintiff Delta Enviro-Tech, Inc.

Daniel C. Aubuchon, President, Aubuchon and Raniere, St. Louis, MO, for defendants M/V Ste. Genevieve, her engines, tackle, etc., in rem and Marine Learning Institute.

Ronald E. Fox, Bart C. Sullivan, Sandberg and Phoenix, St. Louis, MO, for defendant St. Paul Fire and Marine Ins. Co. d/b/a Neare, Gibbs & Co.

Richard J. Mehan, Jr., Gundlach and Lee, St. Louis, MO, Todd M. Powers, Rendigs and Fry, Cincinnati, OH, for third-party defendants Midland Enterprises, Inc. and Ohio River Co.

Lisa A. Green, Stefan J. Glynias, Evans and Dixon, St. Louis, MO, Lawrence R. Elleman, Rita A. Miller, Dinsmore and Shohl, Cincinnati, OH, for third-party defendant The Greater Cincinnati Tall Stacks Com'n, Inc.

MEMORANDUM AND ORDER

STOHR, District Judge.

This action was tried to the Court sitting without a jury on December 8, 9, 10 and 13, 1993. All claims involving plaintiff Delta Enviro-Tech, Inc., defendant St. Paul Fire & Marine Insurance Co., and third-party defendants Midland Enterprises Inc. ("Midland") and The Ohio River Company ("Ohio River") have been settled and were dismissed with prejudice on December 6, 1993. Remaining for trial were the...

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