KIRK v. ALLEGHENY TOWING INC.

Civ. A. No. 83-1908.

620 F.Supp. 458 (1985)

Michael Gene KIRK, Plaintiff, v. ALLEGHENY TOWING INCORPORATED and Allegheny Marine Salvage Incorporated, Defendants.

United States District Court, W.D. Pennsylvania.

October 21, 1985.


Attorney(s) appearing for the Case

Gary Robert Fine, Greensburg, Pa., Robert A. Chaffin, Friedman and Chaffin, Houston, Tex., for plaintiff.

Gerald C. Paris, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for defendants.


OPINION

COHILL, Chief Judge.

Presently before us is Plaintiff's Motion to Dismiss Defendants' counterclaim brought in Admiralty for the return of maintenance and cure paid by Defendants under a mistaken belief that the Plaintiff was entitled to it. This action arises from an accident which occurred on November 4, 1981. Plaintiff, while moving railroad cars loaded with coal and dumping that coal from the cars into bins to be placed onto river barges owned...

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