COMPLAINT OF McCARTHY BROS. CO./CLARK BRIDGE

No. 95-2880.

83 F.3d 821 (1996)

In the Matter of the Complaint of McCARTHY BROTHERS COMPANY/CLARK BRIDGE, as Owner Pro Hac Vice of Barge No. AEB1 for Exoneration from or Limitation of Liability, Petitioner-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 3, 1996.

Rehearing and Suggestion for Rehearing Denied June 3, 1996.


Attorney(s) appearing for the Case

Andrew Rothschild (argued), Lewis, Rice & Fingersh, St. Louis, MO, for McCarthy Brothers Company/Clark Bridge.

Roy C. Dripps, Gail Renshaw (argued), Lakin Law Firm, Wood River, IL, for Gary Campbell and Commercial Union Ins. Co.

Before CUMMINGS, EASTERBROOK and ROVNER, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied June 3, 1996.

CUMMINGS, Circuit Judge.

This case involves a conflict between the Limitation of Liability Act, 46 U.S.C.App. §§ 181 et seq. ("Limitation Act"), which gives shipowners a right to seek limitation of liability in federal court for maritime injuries, and the "saving to suitors" clause of 28 U.S.C. § 1333(1), which gives claimants a right to seek common law remedies outside of the...

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