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PASCO MARKETING, INC. v. TAYLOR TOWING SERV., INC.

No. 76-1350.

554 F.2d 808 (1977)

PASCO MARKETING, INC., a corporation, Appellee, v. TAYLOR TOWING SERVICE, INC., a corp., Appellee, and Security Barge Line, Inc., a corp., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 11, 1977.

As Amended on Denial of Rehearing and Rehearing May 13, 1977.

Attorney(s) appearing for the Case

Michael D. O'Keefe, Thompson & Mitchell, St. Louis, Mo., made argument, filed appearance, filed appendix and briefs for appellant.

C. Perry Bascom (argued), Robert G. Brady and David S. Slavkin, St. Louis, Mo., on brief, for appellee, Pasco, Inc.

Bryon D. Luber, Caruthersville, Mo., made argument and filed appearance for appellee, Taylor Towing; James E. Reeves, Caruthersville, Mo., on brief.

Before LAY, ROSS and WEBSTER, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc May 13, 1977.

LAY, Circuit Judge.

A dock near New Madrid, Missouri, owned by Pasco Marketing, Inc., was damaged when two barges (CW-7 and SR-354) owned by Security Barge Line, Inc., struck it on January 29, 1973. Security had contracted with Taylor Towing Service, Inc., to tow the barges to Noranda Aluminum Company's dock at New Madrid. If the Noranda dock was full Taylor Towing would tie the barges to...

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