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HUMPHREY v. OHIO BARGE LINE, INC.

No. 84-5913.

776 F.2d 621 (1985)

Peggy HUMPHREY, Executrix of the Estate of Virgil Humphrey, Deceased, and Morehead Marine Service, Inc., and Northwestern National Insurance Company, Plaintiffs-Appellants, v. OHIO BARGE LINE, INC., the M/V STEEL CLIPPER, Barge AGT-150, Barge RGT-50, and Barge RCT-250, Defendants-Appellees, Home Insurance Company, Intervening-Defendants.

United States Court of Appeals, Sixth Circuit.

Decided November 12, 1985.

Attorney(s) appearing for the Case

William P. Schroeder Morehead, Todd Powers, Cincinnati, Ohio (argued), Willie Mathis, Jr., Walton, Ky., for plaintiffs-appellants.

John K. Gordinier (argued), Pedley, Ross, Zielke & Gordinier, Richard M. Trautwein, C. David Johnstone, Louisville, Ky., for defendants-appellees.

Before KEITH and KRUPANSKY, Circuit Judges, and GIBBONS, District Judge.

KRUPANSKY, Circuit Judge.

This is a wrongful death action arising out of a maritime casualty — the sinking of the harborboat M/V Midwestern and the drowning death of her captain. Plaintiff/appellant Peggy Humphrey, wife of decedent, appeals the district court decision which concluded that defendant/appellee's line towboat, the M/V Steel Clipper, was under no duty to sound a signal pursuant to 33 U.S.C. § 349 and thus was not liable for the death of plaintiff...

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