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FOLKSTONE MARITIME, LTD. v. CSX CORP.

Nos. 88-2064, 88-2137.

866 F.2d 955 (1989)

FOLKSTONE MARITIME, LTD., a Cyprus Corporation, Plaintiff and Counterdefendant-Appellee, v. CSX CORPORATION, a corporation, and CSX Transportation, Inc., a corporation, Defendants and Counterplaintiffs-Appellants, v. The M/V PONTOKRATIS, a vessel, Counterdefendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 26, 1989.

Rehearing Denied March 9, 1989.

Attorney(s) appearing for the Case

Michael W. Rathsack, Chicago, Ill., for CSX Corp.

Michael A. Snyder, Snyder & Gerard, Chicago, Ill., for Folkstone Maritime, Inc.

Before BAUER, Chief Judge, EASTERBROOK, Circuit Judge, and GRANT, Senior District Judge.

BAUER, Chief Judge.

On May 6, 1988, the M/V Pontokratis was passing through the navigable channel of the Calumet River in Chicago when it ran into a railroad bridge. On May 9, Folkstone Maritime, Ltd. ("Folkstone"), a Cyprus corporation and the owner of the Pontokratis, a vessel under Cyprus registration, sued CSX Corporation and CSX Transportation, Inc. ("the Railroad"), the bridge's owners, alleging negligence in its operation. On May 11, the Railroad...

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