CHOTIN TRANSP., INC. v. UNITED STATES

Nos. 84-5652, 85-5138.

784 F.2d 206 (1986)

CHOTIN TRANSPORTATION, INC., Plaintiff-Appellant, Cross-Appellee, v. UNITED STATES of America, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 19, 1986.


Attorney(s) appearing for the Case

Frank S. Thackston, Jr. (argued), Lake, Tindall, Hunger & Thackston, Greenville, Miss., C.W. Walker, III, for plaintiff-appellant, cross-appellee.

Robert V. Smyth, II, U.S. Army, Nashville Dist. Corps of Engineers, Nashville, Tenn., Thomas L. Jones (argued), U.S. Dept. of Justice, Civ. Div., Torts Branch, Washington, D.C., for defendant-appellee, cross-appellant.

Before KEITH and KRUPANSKY, Circuit Judges, and EDWARDS, Senior Circuit Judge.


GEORGE CLIFTON EDWARDS, Jr., Senior Circuit Judge.

This is an admiralty case. These appeals are brought by both parties named above in a dispute over damages to Barge 3390 owned by Chotin Transportation, Inc. (henceforth Chotin) and damages to the upstream gates of the Wilson Lock on the Tennessee River owned and operated by the United States. The accident occurred in the nighttime on January 20, 1982 — a rainy and foggy night.

Chotin 3390 was the lead...

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