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E. I. DuPONT DE NEMOURS & CO. v. RIVERWAY HARBOR SERVICE ST. LOUIS, INC.

Nos. 80-1190, 80-1235.

639 F.2d 404 (1981)

E. I. DuPONT DE NEMOURS & COMPANY, v. RIVERWAY HARBOR SERVICE ST. LOUIS, INC., Defendant-Appellee, Commercial Transport Corporation, American Commercial Barge Line Company, Defendants-Appellants, Defendants-Appellees, Phillips Pipeline Company, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 23, 1981.

Attorney(s) appearing for the Case

John S. Sandberg, Shepherd, Sandberg & Phoenix, St. Louis, Mo., for defendant-appellant Phillips Pipeline Co.

Gary T. Sacks, St. Louis, Mo., for defendant-appellee Riverway Harbor Service St. Louis, Inc.

R. J. Robertson, Jr., St. Louis, Mo., for defendants-appellants, defendants-appellees Commercial Transport Corp. and American Commercial Barge Line Co.

Before HEANEY, STEPHENSON and ADAMS, Circuit Judges.

ADAMS, Circuit Judge.

This appeal presents a single issue: whether the district court, in a case arising under federal maritime law, abused its discretion in awarding attorneys' fees to passively negligent defendants who were forced to defend the lawsuit because of the active negligence of another party. The court concluded that the acts of the passively negligent or secondarily liable appellees at most set the conditions for the destruction of a cargo of methanol...

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