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PROTECTION MARITIME INS. CO., ETC. v. UNITED STATES

No. 73-1769.

496 F.2d 4 (1974)

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

United States Court of Appeals, Sixth Circuit.

Decided April 26, 1974.

Attorney(s) appearing for the Case

R. L. Myre, Jr., Paducah, Ky., for plaintiffs-appellants; James G. Wheeler, Wheeler & Boaz, Paducah, Ky., on brief.

Neil H. Koslowe, Atty., Dept. of Justice, Washington, D. C., for defendant-appellee; Irving Jaffe, Acting Asst. Atty, Gen., George J. Long, U. S. Atty., Walter H. Fleischer, Atty., Dept. of Justice, Washington, D. C., on brief.

Before CELEBREZZE, PECK and ENGEL, Circuit Judges.

PER CURIAM.

The owner and the insurers of the motor vessel (M/V) Eddie Waxler, plaintiffs-appellants herein, sought to recover damages sustained when the vessel sank after hitting a submerged mooring cell constructed and maintained by the United States Corps of Engineers near Lock and Dam No. 50 on the Ohio River. This appeal was perfected from an order entered by the district court dismissing the complaint following a trial to the court.

The accident occurred...

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