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IN RE MATTER OF AMERICAN RIVER TRANSP. CO.

Civ. A. No. 94-1860.

864 F.Supp. 554 (1994)

In re the Matter of AMERICAN RIVER TRANSPORTATION CO. as Owner of the M/V Gold Star and as Owner Pro Hac Vice and Bareboat Charterer of Barge RRS-7952B, and Tulane Fleeting, Inc., as Owner Pro Hac Vice and Bareboat Charterer of, the M/V Gold Star, and Archer-Daniels-Midland Company, as Owner of Barge RRS-7925B, Praying for Exoneration from and/or Limitation of Liability.

United States District Court, E.D. Louisiana.

September 7, 1994.

Attorney(s) appearing for the Case

Edward Joseph Koehl, Jr. and Richard D. Bertram, Jones, Walker, Waechter, Poitevent Carrere & Denegre, New Orleans, LA, for petitioners.

Louis J. St. Martin, Estelle Elouise Mahoney, and Stephen J. Johnson, St. Martin & Mahoney, APLC, Houma, LA, for claimant.

McNAMARA, District Judge.

Before the court is the Motion of Claimant, Joseph P. Toups, to Dismiss or Alternatively, to Transfer this matter. The motion, set for hearing on Wednesday, August 31, 1994, is before the court on briefs without oral argument.

In this case, the vessel owner has been sued in Brazoria County, Texas in state court. The vessel owner seeks to limit its liability in an action brought in this court.

Rule F(9) of the Supplemental...

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