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IRON CITY SAND & GRAVEL DIV. v. WEST FORK TOWING CORP.

No. 13673.

440 F.2d 958 (1971)

IRON CITY SAND & GRAVEL DIVISION OF McDONOUGH COMPANY, a corporation, Appellant, v. The WEST FORK TOWING CORPORATION, a corporation, and Anthony J. Pitrolo, Administrator of the Estate of Paul Pitrolo, deceased, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 7, 1971.

Attorney(s) appearing for the Case

Raymond G. Hasley, Pittsburgh, Pa., (Rose, Schmidt & Dixon, Pittsburgh, Pa., Russell L. Furbee, and Furbee, Amos, Webb & Critchfield, Fairmount, W. Va., on brief) for appellant.

George W. May, Fairmount, W. Va., for appellees.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BRYAN, Circuit Judges.

PER CURIAM:

In this proceeding in admiralty, damages were sought for the loss of two barges during a flood on the West Fork River in West Virginia. The District Judge exonerated their possessor, but, upon his findings and undisputed portions of the record, we conclude that entry of judgment in favor of the owner was requisite.

On February 8, 1963, West Fork Towing Corporation's tug, the Mike Murphy, took under tow two barges owned by Iron City Sand & Gravel...

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