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Am. Milling Co. v. Trustee of the Distribution Trust, No. 08-3888

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By FindLaw Staff on October 19, 2010 5:59 PM

Case Involving Barge Accident

In Am. Milling Co. v. Trustee of the Distribution Trust, No. 08-3888, an action arising out of an accident in which a casino ship was damaged by a barge that broke loose from a towboat, the court affirmed partial judgment for plaintiff where the district court reasonably could conclude that the ship owners projected higher expenditures on promotional activities than the company actually spent after the accident, and therefore incurred no damages.

 

As the court wrote:  "The Admiral, a casino ship belonging to President Casino, Inc. ("President Casino"), was damaged by a barge that broke loose from a towboat owned by American Milling Co., UN Ltd., HB Marine, Inc., and American Milling LP (collectively, "American Milling"). In a prior appeal, this court addressed the parties' liability from the incident, as well as American Milling's right to limit its liability. See In re American Milling Co., 409 F.3d 1005 (8th Cir. 2005). This appeal concerns President Casino's claim against American Milling for certain promotional and wage expenses allegedly caused by the allision. The district court,1 sitting without a jury, denied recovery of those expenses. We affirm."

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