Legal Opinion

In the Matter of the Complaint of Foertsch Construction Company, Inc., as Operator and Owner of Barge FCC-6

District Court, W.D. Kentucky

Decided June 29, 2022No. 4:20-cv-00117Unknown

1Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY OWENSBORO DIVISION CIVIL ACTION NO. 4:20-cv-00117-JHM-HBB IN THE MATTER OF THE COMPLAINT OF FOERTSCH CONSTRUCTION COMPANY, INC., AS OPERATOR AND OWNER OF BARGE FCC-6 PLAINTIFF V. ADM GRAIN COMPANY, et al. DEFENDANTS MEMORANDUM OPINION AND ORDER This matter is before the Court on Plaintiff’s Motion to Set Aside the Settlements and Motion to Dismiss the Limitation Action and Stay [DN 68]. Fully briefed, this matter is ripe for decision. For the following reasons, the Motion to Set Aside the Settlements is DENIED and the Motion to Dismiss…

2Cases cited11 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. East River Steamship Corp. v. Transamerica Delaval Inc.Supreme Court of the United States · 1986
  3. Callen v. Pennsylvania RailroadSupreme Court of the United States · 1948
  4. Bamerilease Capital Corp. v. Eugene E. NearburgCourt of Appeals for the Sixth Circuit · 1992
  5. McCurry ex rel. Turner v. Adventist Health System/Sunbelt, Inc.Court of Appeals for the Sixth Circuit · 2002

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