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MIDLAND ENTERPRISES v. NOTRE DAME F. & T. SERV.

No. 75-1819.

538 F.2d 1356 (1976)

MIDLAND ENTERPRISES, INC., a Corporation, and the Ohio River Company, a corporation, Appellants, v. NOTRE DAME FLEETING & TOWING SERVICE, INC., a corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 16, 1976.

Rehearing and Rehearing Denied September 10, 1976.

Attorney(s) appearing for the Case

Elmer Price, St. Louis, Mo., for appellant.

Joseph M. Kortenhof, St. Louis, Mo., for appellee.

Before VOGEL, Senior Circuit Judge, and HEANEY and HENLEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 10, 1976.

HEANEY, Circuit Judge.

Midland Enterprises, Inc. and The Ohio River Company brought suit against the Notre Fleeting & Towing Service, Inc., for damages suffered when a barge sank. Midland had chartered the barge to Ohio which, in turn, bailed it to Notre Dame. The barge sank while moored and under the control of Notre Dame. The District Court,1 held that Midland and...

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