Legal Opinion

United States v. Nassau Marine Corp., Central Marine Service and Canal Barge Company

Court of Appeals for the Fifth Circuit

Decided December 19, 1985No. 84-3551PublishedCited by 37 opinions

1Opinion of the Court

WISDOM, Circuit Judge.

The owners 1 of a sunken barge appeal from a judgment holding them responsible for removing the wreck under the Rivers and Harbors Act of 1899, ch. 425, 30 Stat. 1152 (codified as amended at 33 U.S.C. §§ 401 et seq.). We affirm the judgment of the district court.

I

The M/V CLARKE BERRY left Pensacola, Florida for Port Sulphur, Louisiana on the morning of March 23, 1979. It was pushing a single barge, the CBC-21, loaded with about 2,500 tons of molten sulphur. At about eight o’clock that evening, tow boat and barge were heading due west across lower Mobile Bay in fair…

2Cases cited30 opinions

  1. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  2. The PennsylvaniaSupreme Court of the United States · 1874
  3. United States v. Reliable Transfer Co.Supreme Court of the United States · 1975
  4. Sweeney v. ErvingSupreme Court of the United States · 1913
  5. Wyandotte Transportation Co. v. United StatesSupreme Court of the United States · 1967

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3Cited by37 opinions

  1. Southern Scrap Material Co. v. Abc InsuranceCourt of Appeals for the Fifth Circuit · 2008
  2. Pennzoil Producing Co. v. Offshore Express, Inc.Court of Appeals for the Fifth Circuit · 1991
  3. Durden v. Exxon Corp.Court of Appeals for the Fifth Circuit · 1986
  4. In the Matter of the Complaint of Nautilus Motor Tanker Co., Ltd. As Owner of the M/t Bt Nautilus for Exoneration From or Limitation of Liability, Nautilus Motor Tanker Co., Ltd.Court of Appeals for the Third Circuit · 1996
  5. Folkstone Maritime, Ltd. v. CSX Corp.Court of Appeals for the Seventh Circuit · 1995

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