COMPLAINT OF MIDLAND ENTERPRISES, INC.

No. 88-6102.

886 F.2d 812 (1989)

In the Matter of the Complaint of MIDLAND ENTERPRISES, INC. HARTLEY MARINE CORPORATION, doing business as R & W Marine, for exoneration from or limitation of, liability, a corporation, Plaintiffs-Appellants, v. Jana Marie BRASHER, as Administratrix of the Estate of Christopher Dale Brasher, deceased, on behalf of herself as Widow, on behalf of her children John Christopher Brasher and Robert W. Brasher, minors, Claimant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 29, 1989.


Attorney(s) appearing for the Case

Elmer Price argued, St. Louis, Mo., M. Greg Rains, McMurry & Livingston, Paducah, Ky., John R. Halpern, Gary Sacks, Goldstein & Price, St. Louis, Mo., for plaintiffs-appellants.

Sandor Korein, John C. Torjesen, Carr, Korein, Schlichter, Kunin & Montroy, St. Louis, Mo., John T. Carneal, Paducah, Ky., for claimant-appellee.

Before KENNEDY, GUY and NORRIS, Circuit Judges.


RALPH B. GUY, Jr., Circuit Judge.

On September 1, 1986, a collision occurred on the Tennessee River within the State of Tennessee involving the M/V Mike Creditor and its tow of fifteen barges and an unmanned jon boat. As a result of the collision, Christopher Dale Brasher was killed. Brasher had been mussel diving along the banks of the river.

Plaintiffs (Midland), the owners of the M/V Mike Creditor, filed a complaint on September 19, 1986, for exoneration...

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