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DICK MEYERS TOWING SERVICE, INC. v. U.S.

No. 78-1021 Summary Calendar.

577 F.2d 1023 (1978)

DICK MEYERS TOWING SERVICE, INC., a corporation, Plaintiff-Appellant, v. The UNITED STATES of America, a corporation sovereign, Eby & Associate of Alabama, a joint venture and Martin K. Eby Construction Co., Inc. a corporation, Equipment Rental and Sales Co., Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 7, 1978.

Attorney(s) appearing for the Case

Michael A. Wermuth, J. M. Druhan Jr., Thomas P. Ollinger Jr., Mobile, Ala., for plaintiff-appellant.

James A. Lewis, Atty., Barbara A. Babcock, Asst. Atty. Gen., Ronald R. Glancz, Atty., Admiralty & Shipping Section, Dept. of Justice, Washington, D. C., J. R. Brooks, U. S. Atty., Birmingham, Ala., for the U. S.

McDaniel, Hall, Parsons & Conerly, Jack J. Hall, Tom E. Ellis, Birmingham, Ala., for Eby & Associates of Ala.

Before GOLDBERG, AINSWORTH and HILL, Circuit Judges.

PER CURIAM.

In August 1975, plaintiff Dick Meyers Towing Service, Inc. (Meyers), was operating tugboats and other vessels on the Black Warrior River in Alabama, near the Bankhead Lock and Dam. On August 11, 1975, the lock failed and the river was closed to traffic until five months later when the lock was repaired and the river reopened to commerce. Plaintiff alleged that the failure of the lock was due to defendant Eby's negligent construction of the lock and defendant...

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