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MAGNOLIA MARINE TRANSPORT CO. v. OKLAHOMA

No. 03-7023.

366 F.3d 1153 (2004)

MAGNOLIA MARINE TRANSPORT COMPANY, as owner of the Robert Y. Love, its Engines, Tackle, etc., in a cause of exoneration from or limitation of liability, Petitioner-Appellee, v. State of OKLAHOMA, Movant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 3, 2004.

Attorney(s) appearing for the Case

Greg S. Eldridge, Assistant Attorney General (E. Clyde Kirk, Assistant Attorney General, with him on the briefs), Litigation Section, State of Oklahoma, for Movant-Appellant.

Michael Burrage of Burrage Law Firm, Durant, Oklahoma (Sean Burrage of Taylor, Burrage, Foster, Mallett, Downs & Ramsey, Claremore, OK, with him on the brief), for Petitioner-Appellee.

Before SEYMOUR, McKAY, and O'BRIEN, Circuit Judges.

SEYMOUR, Circuit Judge.

This appeal arises out of a tragic accident in which a tugboat owned by Magnolia Marine Transport Company (Magnolia) collided with the Interstate 40 bridge over the Arkansas River near Webbers Falls, Oklahoma. Magnolia filed a petition in district court in Mississippi for limitation of liability under admiralty law. Meanwhile, the State of Oklahoma filed a suit for damages against Magnolia in Oklahoma state court, which Magnolia removed to...

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