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RIVERWAY CO. v. TRUMBULL RIVER SERVICES, INC.

Nos. 81-1515, 81-1612.

674 F.2d 1146 (1982)

RIVERWAY COMPANY, Plaintiff-Appellee, v. TRUMBULL RIVER SERVICES, INC., Defendant-Third Party Plaintiff, Appellee-Cross-Appellant, v. CAIRO MARINE SERVICE, INC., Third Party Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 17, 1982.

Attorney(s) appearing for the Case

W. J. Larzelere, Jr., New Orleans, La., for third party defendant-appellant.

Gary Mayers, Thompson & Mitchell, East St. Louis, Ill., for plaintiff-appellee.

Before CUMMINGS, Chief Circuit Judge, WOOD, Circuit Judge, and GRANT, Senior District Judge.

GRANT, Senior District Judge.

This action originated with a complaint filed by Riverway Company (hereinafter "Riverway") on July 27, 1978, which alleged that Barge RW-381, owned by Riverway, sunk as a result of the negligence of Trumbull River Services, Inc. (hereinafter "Trumbull"), while the barge was in the care, custody and control of Trumbull. The district court found that the subject matter of the complaint was within...

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