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CEMENT DIV. v. CITY OF MILWAUKEE

No. 93-2545.

31 F.3d 581 (1994)

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 August 5, 1994.

Attorney(s) appearing for the Case

Harney B. Stover (argued), Kathryn A. Lonsdorf, Davis & Kuelthau, Milwaukee, WI, for plaintiffs-appellants.

Rudolph M. Konrad (argued), Office of the City Atty., Milwaukee, WI, for defendant-appellee.

Before CUMMINGS and MANION, Circuit Judges, and MILLER, District Judge.

MANION, Circuit Judge.

While moored at a berth in the Port of Milwaukee, a ship broke away, crashed into a headwall and sank. The ship's owners and insurers sued the city. The first appeal to this court resulted in a division of liability, two-thirds to the ship's owners and one-third to the city. On remand, the district court determined that because the parties were mutually at fault, and because the defendant was a municipality, the defendant would not be liable...

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