COMPLAINT OF VALLEY TOWING SERVICE

Nos. 83-808A(1), 83-1149A(1).

581 F.Supp. 1287 (1984)

Complaint of VALLEY TOWING SERVICE as owner of the M/V CITY OF GREENVILLE for exoneration from or limitation of liability. The VALLEY LINE COMPANY, et al., Plaintiffs, v. The M/V CITY OF GREENVILLE and Valley Towing Service, Inc., Defendants. The M/V CITY OF GREENVILLE and Valley Towing Service, Inc., Third-Party Plaintiff, v. STATE OF MISSOURI DEPARTMENT OF HIGHWAYS AND TRANSPORTATION, Third-Party Defendant.

United States District Court, E.D. Missouri, E.D.

March 30, 1984.


Attorney(s) appearing for the Case

James J. Wilson, City Counselor, John J. Mortin, Asst. City Counselor, St. Louis, Mo., for City of St. Louis.

Peter B. Hoffman, Kortenhof & Ely, St. Louis, Mo., for Eagle Marine Industries.

William E. O'Neil, Michael W. Lodwick, O'Neil, Eichin & Miller, New Orleans, La., John S. Sandberg, Shepherd, Sandberg & Phoenix, St. Louis, Mo., for Pillsbury Co. and Dravo Mechling Corp.

Richard F. Johnson, Warren C. Ingersoll, Lord, Bissell & Brook, and John Scott Hoff, Lapin & Hoff, Chicago, Ill., Frank N. Gundlach, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., for Valley Towing Service.

Gary Mayes, Michael D. O'Keefe, Thompson & Mitchell, St. Louis, Mo., for Hilliard Lyons Barge Partners 1981-1 as owner and Marine Equipment Mgmt. Co. as managing agent of Barge ITC-110; PLM River Barge Partners I as owner and Marine Equipment Mgmt. Co. as managing agent of Barge RBP-108; Valley Line Company as owner of barges VL-7195, MV-6669, VL-81438 and VLX-7634; Flowers Transportation as owner of Barge RF-815; Cro-Marine Transport, Inc. as Charter of barges ABC-777 and ABC-773; Security Barge Line, Inc. as owner of barge VTC-106; Peavey Company as charterer of barge PV-505B & Northwestern National Bank of Minneapolis as owner of barge PV 505B, Insurance Co. of North America as subrogee of Peavey Company and Peavey Company as charterer and owner pro hac vice of barge MAC 210.

Donald B. Balfour, Lucas & Murphy, P.C., St. Louis, Mo., for Slay Warehousing Co., Inc.

Elmer Price, Hubert I. Binowitz, Goldstein & Price, St. Louis, Mo., for Monsanto Co., Consolidated Grain and Barge Company and American River Transportation Company.

James W. Herron, James V. O'Brien, Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., for Missouri Portland Cement Company, Inc.

Richard D. Schreiber, St. Louis, Mo., for Missouri Highway Dept.


ORDER AND MEMORANDUM

NANGLE, Chief Judge.

IT IS HEREBY ORDERED that the motion of third-party defendant Missouri Highway and Transportation Commission (mistakenly designated by third-party plaintiffs as "State of Missouri Department of Highways and Transportation") for summary judgment1 on the third-party complaint of third-party plaintiffs, M/V City of Greenville and Valley Towing Service, Inc., be and is granted...

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