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WILLIAMSON TOWING CO., INC. v. STATE OF ILL.

No. 75-1711.

534 F.2d 758 (1976)

In the Matter of WILLIAMSON TOWING CO., INC., as owner and operator of the M/V GREENVILLE, praying for exoneration from or limitation of liability, Plaintiff-Appellant, v. STATE OF ILLINOIS, Third Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 15, 1976.

Attorney(s) appearing for the Case

Joel J. Henderson, Clayton J. Swank, Greenville, Miss., John G. Holland, Cairo, Ill., for plaintiff-appellant.

William J. Scott, Atty. Gen., Paul V. Esposito, Asst. Atty. Gen., Chicago, Ill., for third party defendant-appellee.

Before TONE and BAUER, Circuit Judges, and HOFFMAN, Senior District Judge.

TONE, Circuit Judge.

The issue before us in this action against the State of Illinois for negligent operation of a bridge across the Mississippi River is whether the state has surrendered its immunity under the Eleventh Amendment. The District Court held that it has not, and we affirm.

One night in January, 1973, a flotilla of barges towed by a Williamson Towing Company tug collided with a pier of the Upper Cairo Highway Bridge, which spans the Mississippi...

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