1. Home
  2. Browse Decisions
  3. F.Supp.
  4. 613 F.Supp.
  5. 613 F.Supp. 1532 (1985)
 

APAC-ARKANSAS, INC. v. TUGBOAT MELISSA L

Civ. No. 82-2235, 83-2295.

613 F.Supp. 1532 (1985)

APAC-ARKANSAS, INC., by ARKHOLA SAND & GRAVEL COMPANY, A DIVISION OF APAC-ARKANSAS, INC., Plaintiff, v. TUGBOAT MELISSA L; Her Engines, etc., BARGE SFI 41, BARGE SFI 44, BARGE SFI 51, General Marine Towing Company, Inc. A Corporation, and System Fuels, Inc., A Corporation, Defendants and Third-Party Plaintiffs, v. BURLINGTON NORTHERN RAILROAD COMPANY and Missouri Pacific Railroad Company, Third Party Defendants. H.E. CUMMINS & SONS CONSTRUCTION COMPANY, INC., Plaintiff, v. GENERAL MARINE TOWING COMPANY, INC.; System Fuels, Inc., Burlington Northern Railroad Company and Missouri Pacific Railroad Company, Defendants.

United States District Court, W.D. Arkansas, Fort Smith Division.

July 31, 1985.

Attorney(s) appearing for the Case

Ben Core, Daily, West, Core, Coffman & Canfield, Fort Smith, Ark., for plaintiff in No. 82-2235.

Joel J. Henderson, Frank J. Dantone of Henderson, Duke & Dantone, Greenville, Miss., for General Marine Towing Co., Inc., System Fuels, Inc. and The M/V Melissa L.

Broox G. Holmes of Armbrecht, Jackson, Demouy, Crowe, Holmes & Reeves, Mobile, Ala., Douglas O. Smith, Jr. of Warner & Smith, Fort Smith, Ark., for Burlington Northern R. Co.

James W. Moore, Frederick S. Ursery of Friday, Eldredge & Clark, Little Rock, Ark., for Missouri Pacific R. Co.

Bradley D. Jesson of Hardin, Jesson & Dawson, Fort Smith, Ark., for plaintiff in No. 83-2295.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

Introduction

At approximately 1:35 p.m. on July 3, 1982, the diesel towboat, M/V MELISSA L, which had in tow three tank barges, each approximately 297 feet in length and loaded with a total of 7,500 tons of fuel oil, allided with the Burlington Northern Railroad Company railroad bridge which spans the Arkansas River at approximately mile 300.8. The bridge connects Van Buren and Fort Smith, Arkansas...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases