TWIN CITY BARGE & TOWING CO. v. AIPLE

No. 82-2130.

709 F.2d 507 (1983)

TWIN CITY BARGE & TOWING CO., a corporation, Appellant, v. Frank AIPLE, d/b/a Aiple Towing Company, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 15, 1983.


Attorney(s) appearing for the Case

James W. Herron, Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., Thomas Murray, South St. Paul, Minn., for appellant.

Eugene M. Warlich, C. Robert Beattie, Elizabeth Hoene, Doherty, Rumble & Butler, P.A., St. Paul, Minn., for appellee.

Before LAY, Chief Judge, and HEANEY and FAGG, Circuit Judges.


PER CURIAM.

Twin City Barge & Towing Co. (Twin City) appeals from the district court's1 dismissal of its action against Frank Aiple for breach of contract for the sale of a tug boat. The district court dismissed the action for lack of subject matter jurisdiction, holding that a contract for sale of a vessel does not come within the court's admiralty jurisdiction. See 28 U.S.C. § 1333 (1976).

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