Nos. 81-5742, 81-5808.

709 F.2d 1065 (1983)

INLAND TUGS COMPANY and American Barge Line Co., Plaintiffs-Appellees, Plaintiffs-Appellants, v. The OHIO RIVER COMPANY, Defendant-Third Party Plaintiff-Appellant, and United States of America, Defendant-Third Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 8, 1983.

Attorney(s) appearing for the Case

William P. Schroeder (argued), Rendigs, Fry, Kiely & Dennis, Cincinnati, Ohio, W. Scott Miller, Jr., Miller & Miller, Louisville, Ky., for Ohio River Co.

John K. Gordinier (argued), Wallace, Rice & Gordinier, Louisville, Ky., for Inland Tugs, et al.

Alexander Taft, U.S. Atty., Hancy Jones, III, Asst. U.S. Atty., Louisville, Ky., Thomas L. Jones (argued), Trial Atty., Torts Branch, U.S. Dept. of Justice, Washington, D.C., for U.S.

Before EDWARDS, Chief Circuit Judge, KRUPANSKY, Circuit Judge, and SWYGERT, Circuit Judge.

KRUPANSKY, Circuit Judge.

This admiralty action joins legal inquiry into the Coast Guard's exposure to liability, either primary or secondary, for injuries and damages resulting from its failure to mark a privately owned and non-abandoned sunken vessel. On October 24, 1978, Barge OR-39, while in tow of the M/V Pat Chotin, sank for reasons unknown in the navigable channel of the Ohio River at Mile 769.4; both Barge OR-39 and its towing vessel were owned and operated...

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