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CEMENT DIV., NAT. GYPSUM CO. v. CITY OF MILWAUKEE

No. 89-2631.

915 F.2d 1154 (1990)

CEMENT DIVISION, NATIONAL GYPSUM COMPANY, Reed & Brown, Incorporated, New York Marine Managers, Incorporated, et al., Plaintiffs-Appellants, v. CITY OF MILWAUKEE, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 16, 1990.

Rehearing and Rehearing Denied November 21, 1990.

Attorney(s) appearing for the Case

Theodore C. Robinson, Ray, Robinson, Hanninen & Carle, Chicago, Ill., Harney B. Stover, Davis & Kuelthau, Milwaukee, Wis., David G. Davies, Ray, Robinson, Hanninen & Carle, Cleveland, Ohio, for plaintiffs-appellants.

Grant F. Langley, Rudolph M. Konrad, Office of the City Attorney, Milwaukee, Wis., for defendant-appellee.

Before CUDAHY, POSNER and FLAUM, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 21, 1990.

CUDAHY, Circuit Judge.

In a heavy storm on Christmas Eve of 1979, the SS EM FORD, a self-unloading bulk cement carrier loaded with 5,700 tons of bulk cement, tore loose from its moorings, battered against the headwall of its berth and eventually sank to the bottom of the Milwaukee Harbor. Following this disaster, the FORD's owner, the Cement Division of the National Gypsum Company, along with the hull...

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