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BESSEMER & LAKE ERIE RAILROAD COMPANY and THE PITTSBURGH AND CONNEAUT DOCK COMPANY, Plaintiffs-Appellees/Cross-Appellants, v. SEAWAY MARINE TRANSPORT, UPPER LAKES SHIPPING LTD., UPPER LAKES SHIPPING INC., and UPPER LAKES GROUP INC., a/k/a JACK LEITCH UPPER LAKES SHIPPING In Personam, and the MOTOR VESSEL CANADIAN ENTERPRISE In rem, Defendants-Appellants/Cross-Appellees. |
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Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 06-02392—Patricia A. Gaughan, District Judge.
Argued: November 19, 2009
Decided and Filed: February 25, 2010
Before: NORRIS, CLAY and SUTTON, Circuit Judges.
SUTTON, Circuit Judge. When the Enterprise, a large cargo ship, positioned itself to receive a load of coal on the shores of Lake Erie, it struck a land-based coal-loading machine operated by Bessemer & Lake Erie Railroad Company and The Pittsburgh & Conneaut Dock Company. Bessemer and its affiliate filed this admiralty action against the Enterprise and its owners and operators, Seaway Marine Transport, Upper Lakes Shipping Inc. and Upper Lakes Group Inc., seeking recovery of repair costs and lost profits. The district court granted Bessemer summary judgment as to liability, finding Seaway and its affiliates wholly at fault. When it came to damages, the district court awarded $522,000 in cost-of-repair damages to Bessemer but determined that Bessemer did not adequately disclose the basis of its lost-profits claim and thus granted Seaway summary judgment on that claim. We affirm the district court’s rejection of Bessemer’s lost-profits claim but reverse in part as to liability, finding a genuine dispute of fact over Bessemer’s comparative negligence.
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MILES FARM SUPPLY, LLC, Plaintiff-Appellant, v. HELENA CHEMICAL COMPANY, Defendant-Appellee. |
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Appeal from the United States District Court
for the Western District of Kentucky at Owensboro.
No. 06-00023—Thomas B. Russell, Chief District Judge.
Argued: January 11, 2010
Decided and Filed: February 25, 2010
Before: SUHRHEINRICH, SUTTON and COOK, Circuit Judges.
SUTTON, Circuit Judge. Miles Farm Supply challenges the district court’s summary disposition of its Kentucky-law claims that Helena Chemical Company aided and abetted a breach of fiduciary duty by three Miles employees and that, by aiding those employees, Helena tortiously interfered with Miles’ prospective contractual relations. Because Miles has failed as a matter of law to show that Helena had actual knowledge that the three employees were breaching a fiduciary duty, we affirm.