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IN RE FITZGERALD MARINE & REPAIR, INC.

Nos. 09-1997, 09-2075.

619 F.3d 851 (2010)

In re FITZGERALD MARINE & REPAIR, INC., for exoneration from or limitation of liability, Petitioner-Appellant, Mike Jenkins, Plaintiff, v. Fitzgerald Marine & Repair, Inc., Defendant-Appellant, v. Ingram Barge Company, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 11, 2010.

Attorney(s) appearing for the Case

Douglas Gossow , argued, Robert Nienhuis , on the brief, St. Louis, MO, for appellant.

Simon Tonkin , argued, Richard McNelly , on the brief, St. Louis, MO, for appellee.

Before GRUENDER and SHEPHERD, Circuit Judges, and JARVEY, District Judge.

SHEPHERD, Circuit Judge.

This case arises out of the sinking of the M/V Charles B. Holman ("Holman"), a tugboat operated by the appellee, Ingram Barge Company ("Ingram"). Ingram and the appellant, Fitzgerald Marine & Repair, Inc. ("Fitzgerald"), have a longstanding contractual relationship, pursuant to which Fitzgerald performs repair and maintenance of Ingram boats and barges. Fitzgerald employee, Mike Jenkins, was a crewmember aboard Fitzgerald's vessel, the...

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