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FEEDER LINE TOW. SERV., INC. v. TOLEDO, P. & W. R. R. CO.

No. 75-2160.

539 F.2d 1107 (1976)

FEEDER LINE TOWING SERVICE, INC., Plaintiff-Appellee, v. TOLEDO, PEORIA & WESTERN RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 12, 1976.

Attorney(s) appearing for the Case

John E. Cassidy, Jr., Peoria, Ill., for defendant-appellant.

Robert V. Dewey, Peoria, Ill., Clayton J. Swank, III, Greenville, Miss., for plaintiff-appellee.

Before CASTLE, Senior Circuit Judge, TONE, Circuit Judge, and GRANT, Senior District Judge.

CASTLE, Senior Circuit Judge.

Proceeding southbound on the Illinois River at Peoria, Illinois, in the dark hours of the morning of June 10, 1972, the M/V Polliwog, owned by plaintiff Feeder Line Towing Service and towing nine barges, collided with the protective system of a bridge owned by defendant Toledo, Peoria & Western Railroad. The collision resulted in damage to the lead barge, its cargo, and the bridge's protective system. After a bench trial, the...

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