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W. G. BUSH & CO. v. SIOUX CITY & NEW ORLEANS BARGE

No. 76-6-NA-CV.

474 F.Supp. 537 (1977)

W. G. BUSH & COMPANY, INC., T. L. Herbert & Sons, Inc. v. SIOUX CITY AND NEW ORLEANS BARGE LINES, INC. v. Hubert R. BRUCE, d/b/a Ohio Valley Co. and Molloy Marine Service, Inc.

United States District Court, M. D. Tennessee, Nashville Division.

As Amended September 6, 1977.

Attorney(s) appearing for the Case

Waller, Lansden, Dortch & Davis, H. Barton Williams, Gracey, Madden, Cowan & Bird, Nashville, Tenn., for plaintiffs.

Frank Gorrell, Bass, Berry & Sims, Nashville, Tenn., Richard C. Roberts, Threlkeld, Whitlow & Roberts, Paducah, Ky., Cornelius, Collins, Higgins & White, Nashville, Tenn., for defendants.

MEMORANDUM

MORTON, Chief Judge.

This is an in personam action in admiralty arising out of the transactions and events hereinafter detailed.

After seeing the witnesses and judging their credibility, the following facts are found.

Sioux City and New Orleans Barge Lines, Inc. ("Sioux City") entered into a contract with Phillip Brothers to transport phosphate from Nashville, Tennessee, to Cairo, Illinois, by barge over the Cumberland River, a...

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