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THORN'S DIESEL SERVICE v. HOUSTON SHIP REPAIR

No. CIV.A.01-A-1088-N.

233 F.Supp.2d 1332 (2002)

THORN'S DIESEL SERVICE, INC., Plaintiff, v. HOUSTON SHIP REPAIR, INC., and the United States of America, Defendants.

United States District Court, M.D. Alabama, Northern Division.

November 26, 2002.

Attorney(s) appearing for the Case

Richard A. Lawrence, Montgomery, AL, for Thorn's Diesel Service, Inc., plaintiff.

Thomas O. Deen, McFatridge Baker & Deen PC, Houston, TX, for Houston Ship Repair, Inc., defendant.

Kenneth E. Vines, U.S. Attorney's Office, Montgomery, AL, Michael A. DiLauro, U.S. Department of Justice, Torts Branch, Civil Division, Washington, DC, Robert D. McCallum, Jr., U.S. Department of Justice, Civil Division, Washington, DC, for United States of America, defendant.

MEMORANDUM OPINION

ALBRITTON, Chief Judge.

Introduction

This cause is before the court on Defendant Houston Ship Repair, Inc.'s ("Houston") Motion for Partial Summary Judgment (Doc. # 34), and Defendant United States of America's Motion for Summary Judgment (Doc. # 35), both filed on August 16, 2002. Plaintiff Thorn's Diesel Service, Inc. ("Thorn's") filed this action in this court on September 12, 2001, and charged Houston with breach...

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