GATEWAY WESTERN RY. CO. v. AMERICAN RIVER TRANSP. CO.

No. 93-3253.

887 F.Supp. 201 (1995)

GATEWAY WESTERN RAILWAY COMPANY, Plaintiff, v. AMERICAN RIVER TRANSPORTATION COMPANY, and M/V JOYCE HALE in rem, and John Ronnie Fridell and Curtis Whitehead, Defendants.

United States District Court, C.D. Illinois, Springfield Division.

May 24, 1995.


Attorney(s) appearing for the Case

Paul M. Brown, Neal C. Stout, St. Louis, MO, for plaintiff.

Gary T. Sacks, Joel K. Goldstein, Alan K. Goldstein, St. Louis, MO, for defendants.


OPINION

RICHARD MILLS, District Judge:

Admiralty.

A question of lost profits.

On the morning of April 19, 1992, the tow of the M/V JOYCE HALE collided with a railroad bridge spanning the Mississippi River. The Plaintiff owns the bridge and the Defendants own and operate the vessel. The narrow issue before the Court is whether as a matter of law recovery for lost profits is limited to the period in which the bridge was out of service...

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