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AM. EMPLOYERS INS. CO. v. ST. PAUL FIRE & MARINE INS. CO.

Civ. A. No. 74-13-P.

436 F.Supp. 873 (1977)

AMERICAN EMPLOYERS INSURANCE COMPANY, Plaintiff, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, LIMITED, Defendant.

United States District Court, N. D. West Virginia, Parkersburg Division.

September 6, 1977.

Attorney(s) appearing for the Case

Daniel A. Ruley, Jr., Wilson & Ruley, Parkersburg, W. Va., Hill, Rivkins, Carey, Loesberg & O'Brien, New York City (Andrew R. Colmant, New York City, of counsel), for plaintiff.

Richard Gregory McNeer, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, W. Va., and Grogan, Graffan & McGinley, Pittsburgh, Pa., for defendant.

OPINION

MAXWELL, Chief Judge.

On January 7, 1972, the petroleum barges MOS 101 and MOS 103, in the tow of the M/V MARTIN, exploded while passing beneath the Baltimore and Ohio Railroad Company bridge which spans the Ohio River between Parkersburg, West Virginia, and Belpre, Ohio. Two of the crewmen were killed, both barges were destroyed, and there was substantial damage to the bridge and to property in Parkersburg and Belpre.

The tow was owned and...

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