Legal Opinion · Concurrence

Chotin Transportation, Inc., Cross-Appellee v. United States of America, Cross-Appellant

Court of Appeals for the Sixth Circuit

Decided February 19, 1986No. 84-5652, 85-5138Published

1ConcurrenceKrupansky, Circuit Judge

Upon review of the majority opinion, I am constrained to concur, in part, and respectfully dissent, in part, for the reasons hereinafter set forth. Initially, I am in accord with the majority’s conclusion to affirm the trial court’s judgment in applying maritime comparative negligence principles and assessing 50% of the liability for Chotin’s damages against the United States arising as a result of the lockmaster’s negligence anchored in 33 C.F.R. 207.300 in failing to control and manage the lock and to direct and supervise mooring operations of the Keegan and her barge train during lockage;…

2Cases cited11 opinions

  1. Dalehite v. United StatesSupreme Court of the United States · 1953
  2. United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
  3. United States v. Reliable Transfer Co.Supreme Court of the United States · 1975
  4. Wyandotte Transportation Co. v. United StatesSupreme Court of the United States · 1967
  5. United States v. Republic Steel Corp.Supreme Court of the United States · 1960

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