Department of Transportation v. American Commercial Lines, Inc.

MEMORANDUM OPINION and ORDER

AUSTIN, District Judge.

This suit is brought under the admiralty and maritime jurisdiction of the court. (The complaint merely mentions F.R.Civ.P. 9(h), but presumably jurisdiction is invoked pursuant to 28 U.S.C. § 1333). Plaintiff alleges that defendants’ negligent operation of its tow boat which was pushing eight barges was responsible for damage to its bob-tailed swing truss span type bridge that spans the Chicago Ship and Sanitary Canal. Inland Tug Co. (ITC) is a wholly owned subsidiary of American Commercial Lines (ACL). Both defendants have answered the…