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PROTECTION MAR. INS. CO., LTD. OF LONDON v. UNITED STATES

Civ. A. No. 2156.

368 F.Supp. 690 (1973)

PROTECTION MARITIME INSURANCE COMPANY LIMITED, OF LONDON, ENGLAND, and Glacier General Assurance Company of Missoula, Montana, Plaintiffs, Waxler Towing Company, Intervenor, v. UNITED STATES of America, Defendant.

United States District Court, W. D. Kentucky, Paducah Division.

May 21, 1973.

Attorney(s) appearing for the Case

James G. Wheeler, Wheeler & Marshall, Paducah, Ky., for plaintiffs.

George J. Long, U. S. Atty., Louisville, Ky., Alfred H. O. Boudreau, Jr., U. S. Dept. of Justice, Washington, D. C., for defendant.

FINDINGS OF FACT, CONCLUSIONS OF LAW AND OPINION

ALLEN, District Judge.

On May 22, 1970, the Motor Vessel Eddie Waxler, hereinafter referred to as M/V Eddie Waxler, which measured 105 feet long, 30 feet in beam and 1,800 horsepower, was pushing a tow of four empty barges down river on the Ohio River. The M/V Eddie Waxler and tow went through Lock and Dam No. 50 which stretches from Crittenden County, Kentucky to Hardin County, Illinois, and shortly thereafter...

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