033441P.pdf   05/17/2005  Winterville Marine  v.  Patricia Jackson
   U.S. Court of Appeals Case No:  03-3441
                          and No:  03-3470
                          and No:  03-3448
   Eastern District of Missouri   
   Civil case - Admiralty. District court's value determination for the tow 
   vessel involved in a collision on the Mississippi River was not appealable 
   until the court made a liability finding, and the notice of appeal filed 
   after the liability decision was timely as to the value determination; 
   Winterville Marine does not enjoy ownership status under the Limitation 
   of Liability Act, 46 App. U.S.C. Sec. 183 et seq, as its role under the 
   crewing agreement for the tow in question was limited and kept in check 
   by American Milling's retention of substantial control over decisions 
   related to the operation and control of the vessel, selection of the crew 
   and maintenance of the vessel; the district court did not clearly err by 
   finding that under the Oregon Rule the captain of the tow was 
   presumptively at fault for the accident; nor did the court err in concluding 
   the captain was not incompetent and that the accident was caused when 
   he committed a spontaneous navigation error while passing through the 
   Mississippi River bridges in downtown St. Louis; district court did not 
   err in apportioning part of the fault to the owners of the Admiral Casino, 
   as the owners of the casino had a duty to exercise ordinary care and 
   provide protective cells around the floating casino to lessen the risk of a 
   collision; district court did not err in assessing the value of the tow 
   vessel M/V Anne Holly. 
   [PUBLISHED] [Melloy, Author, with Bright and Benton, Circuit Judges