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BESSEMER & LAKE ERIE R.R. v. SEAWAY MARINE TRANS.

Nos. 08-4676, 08-4678.

596 F.3d 357 (2010)

BESSEMER & LAKE ERIE RAILROAD COMPANY and the Pittsburgh and Conneaut Dock Company, Plaintiffs-Appellees/Cross-Appellants, v. SEAWAY MARINE TRANSPORT, Upper Lakes Shipping Ltd., Upper Lakes Shipping Inc., and Upper Lakes Group Inc., a/k/a Jack Leitch Upper Lakes Shipping in Personam, and the Motor Vessel Canadian Enterprise In rem, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 25, 2010.

Attorney(s) appearing for the Case

ARGUED: Brian J. Miles, D'Luge, Miles, Miles & Cameron P.L.C., Mount Clemens, Michigan, for Appellants. Richard A. Dietz, Foster, Meadows & Ballard, P.C., Detroit, Michigan, for Appellees. ON BRIEF: Brian J. Miles, D'Luge, Miles, Miles & Cameron P.L.C., Mount Clemens, Michigan, for Appellants. Richard A. Dietz, Camille A. Raffa Dietz, A. Poppy Goudsmit, Foster, Meadows & Ballard, P.C., Detroit, Michigan, for Appellees.

Before: NORRIS, CLAY and SUTTON, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

When the Enterprise, a large cargo ship, positioned itself to receive a load of coal on the shores of Lake Erie, it struck a land-based coal-loading machine operated by Bessemer & Lake Erie Railroad Company and The Pittsburgh & Conneaut Dock Company. Bessemer and its affiliate filed this admiralty action against the Enterprise and its owners and operators, Seaway Marine Transport, Upper Lakes Shipping Inc. and Upper...

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