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OHIO RIVER COMPANY v. CITY OF WHEELING

No. 1-64-W.

225 F.Supp. 733 (1964)

The OHIO RIVER COMPANY, a corporation, Petitioner, v. The CITY OF WHEELING, a Municipal Corporation, Respondent.

United States District Court N. D. West Virginia, at Wheeling.

January 24, 1964.

Attorney(s) appearing for the Case

Thomas B. Miller, Arthur M. Recht, Wheeling, W. Va., for petitioner.

George G. Bailey, Charles P. Mead, Wheeling, W. Va., for respondent.

CHARLES F. PAUL, Chief Judge.

On March 6, 1963, when the Ohio River was in flood, a public parking garage owned by the City of Wheeling was damaged extensively when a supporting pier was struck by a coal barge or coal barges drifting, out of control, in the swift flowing current of the swollen stream. The garage building was located beside the river and above its normal banks. The barge or barges had been part of a tow of sixteen such barges proceeding up river in...

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