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IN RE COMPLAINT OF WEPFER MARINE, INC.

No. 03-2202 B.

344 F.Supp.2d 1120 (2004)

In the Matter of THE COMPLAINT OF WEPFER MARINE, INC. FOR EXONERATION FROM OR LIMITTION OF LIABILITY

United States District Court, W.D. Tennessee, Western Division.

November 9, 2004.

Attorney(s) appearing for the Case

Derrick S. Kirby, Gary T. Sacks, Goldstein & Price, St. Louis, MO, Louis J. Miller, Apperson Crump & Maxwell, PLC, Memphis, TN, for Petitioner.

Matthew H. Ammerman, Thomas C. Fitzhugh III, Fitzhugh & Elliott PC, Houston, TX, for Claimant Liberty Mutual Insurance Company.

John R. Smith, Brown Brasher & Smith, Memphis, TN, for Claimants Jose and Kimberlee Gonzalez.

ORDER GRANTING IN PART AND DENYING IN PART CLAIMANTS' MOTION TO DISMISS FOR LACK OF ADMIRALTY JURISDICTION

BREEN, District Judge.

In its petition filed April 3, 2003, Wepfer Marine, Inc. ("Wepfer") averred that it was the owner of barge ET-715, a steel-hulled river barge in the process of being broken up by Robinson Maintenance, Inc. ("Robinson") for scrap. Wepfer also owned a deck barge known as the No. 1 crane barge, which was used to accommodate a crawler...

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