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ISON v. ROOF

Nos. 81-3199, 82-3017.

698 F.2d 294 (1983)

Charles L. ISON; Daniel C. Ott; Denver Roof, Plaintiffs-Appellees, v. Homer ROOF, Defendant-Appellee, Ronald Brammer; Francis Elkhorn Coal Sales, Inc.; Louis Pineur, President, Defendants, and Greenbrier Coal Corporation; Parkway Processing, Inc., Defendants-Appellants. Great Southwest Fire Ins. Co., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 28, 1983.

Attorney(s) appearing for the Case

Roy W. Short, Edmund Lee (argued), Cincinnati, Ohio, for Great Southwest Fire Ins. Co.

Edward J. Utz (argued), Cincinnati, Ohio, for defendants-appellants.

Louis F. Gilligan (argued), Richard L. Creighton, Jr., Cincinnati, Ohio, Thomas G. Jarrell, Segal, Isenberg, Sales, Stewart & Nutt, Louisville, Ky., for plaintiffs-appellees.

Bruce B. McIntosh (argued), Ronald D. Major, Beall, Hermanies & Bortz, Cincinnati, Ohio, for Homer Roof.

Before MARTIN, Circuit Judge, BROWN, Senior Circuit Judge, and BERTELSMAN, District Judge.

BAILEY BROWN, Senior Circuit Judge.

This is an appeal of a decision of the district court, Honorable David S. Porter, holding the owners and operators of coal loading equipment, which extended from the bank and over the Ohio River, liable to the owner of a pleasure craft and his guests. The craft struck the equipment, causing personal injuries and property damage. Following such entry of judgment, the district court, in a supplementary proceeding, also determined...

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