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UNITED BARGE CO. v. LOGAN CHARTER SERVICE, INC.

No. 3-64-Civ. 97, No. 3-64-Civ. 98.

237 F.Supp. 624 (1964)

UNITED BARGE CO., Inc., Dairyland Power Cooperative and The Continental Insurance Company, Libelants, v. LOGAN CHARTER SERVICE, INC., in personam, and The Tug City of Joliet, her engines, tackle, furniture, etc., in rem, and the United States of America, Respondents. UNITED STATES of America, Cross-Libelant, v. UNITED BARGE CO., Inc., and Dairyland Power Cooperative, Cross-Respondents. UNITED STATES of America, Cross-Libelant, v. The M/V CITY OF JOLIET, her engines, tackle, apparel and furniture, etc., in rem, and Logan Charter Service, Inc., in personam, Cross-Respondents. CARGILL, INC. and The Continental Insurance Company, Libelants, v. LOGAN CHARTER SERVICE, INC., in personam and the Tug City of Joliet, her engines, tackle, furniture, etc., in rem, and the United States of America, Respondents.

United States District Court D. Minnesota, Third Division.

August 21, 1964.

Attorney(s) appearing for the Case

Nathan A. Cobb and Richards, Montgomery, Cobb & Bassford, Minneapolis, Minn., and T. C. W. Ellis and Faris, Ellis, Cutrone, Gilmore & Lautenschlaeger, New Orleans, La., for United Barge Co., Inc., Dairyland Power and Continental Insurance Co.

Curtis L. Roy and Dorsey, Owen, Marquart, Windhorst & West, Minneapolis, Minn., and George B. Matthews and Lemle & Kelleher, New Orleans, La., for Logan Charter Service, Inc.

Alan Raywid, Admiralty and Shipping Section, Dept. of Justice, Washington, D. C., Miles W. Lord, U. S. Atty., and Hartley Nordin, Asst. U. S. Atty., Minneapolis, Minn., for the United States.

LARSON, District Judge.

These actions are brought to recover damages for losses suffered when a barge loaded with grain struck a dam on the Mississippi river and sank. At the time of the accident the barge was being towed by a tug belonging to respondent Logan Charter Service, Inc. (Logan). Logan is a Mississippi corporation and has no offices or permanent employees in Minnesota. However, its tugs have come up to St. Paul several times each year in recent years to...

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