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KENNY MARINE TOWING v. M/V JOHN R. RICE

Civ. A. Nos. 81-2444, 82-864.

583 F.Supp. 1196 (1984)

KENNY MARINE TOWING, INC., Plaintiff, v. M/V JOHN R. RICE (ex: M/V MISTER DUFRENE), her engines, tackle, apparel, etc., in rem, Norman J. Frederic, Inc., Molly Lee Towing Co., Inc., American Tugs, Inc., Defendants. JIM WALTERS RESOURCES, INC., A Corporation, Plaintiff, v. EEI ENERGY, INC., A Corporation, Kenny Marine Towing, Inc., A Corporation, Molly Lee Towing Company, Inc., A Corporation, Defendants.

United States District Court, E.D. Louisiana.

February 28, 1984.

Attorney(s) appearing for the Case

Joseph P. Tynan, Therese B. Forrester, New Orleans, La., for plaintiff Kenny Marine Towing, Inc.

Bettye A. Barrios, Clayton G. Ramsey, Washington, D.C., for Molly Lee Towing Co., Inc. and American Tugs, Inc.

James K. Carroll, New Orleans, La., for Jim Walters Resources, Inc.

CASSIBRY, District Judge.

On November 21, 1980, a coal-carrying barge sank near the confluence of the Black Warrior and Tombigee Rivers in the state of Alabama. Out of this event arose two civil actions. The barge charterer, Kenny Marine Towing, Inc. (Kenny Marine), brought suit against the towboat owner and operator, Molly Lee Towing Co., Inc. (ML Towing), for negligent handling of the tow. Independently, Jim Walters Resources, Inc. (JW Resources), the owner of the...

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