Willard H. Lane v. United States
Court of Appeals for the Fourth Circuit
1Opinion of the Court
HAYNSWORTH, Chief Judge:
In a suit in admiralty arising out of the collision of a cabin cruiser with a sunken barge, the district court concluded that the United States had violated a mandatory duty either to remove the wreck or to mark it and awarded damages to the vessel’s owner. We think the 1965 amendments to one of the statutes makes the duty not mandatory but discretionary, but remand for consideration of the question whether failure to remove or mark the wreck was arbitrary and a violation of the discretionary duty.
Lane took a group of his friends in his 28 foot cabin cruiser for an…
2Cases cited21 opinions
- Wyandotte Transportation Co. v. United StatesSupreme Court of the United States · 1967
- De Bardeleben Marine Corp., as Successor in Interest to Blue Stack Towing Company v. United StatesCourt of Appeals for the Fifth Circuit · 1971
- Somerset Seafood Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1951
- Carolyn Roberts, Individually v. United StatesCourt of Appeals for the Ninth Circuit · 1974
- Richards v. Blake Builders Supply Inc.Court of Appeals for the Fourth Circuit · 1975
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- Patentas v. United StatesCourt of Appeals for the Third Circuit · 1982
- Tiffany v. United StatesCourt of Appeals for the Fourth Circuit · 1991
- Tennessee Valley Sand & Gravel Co. v. M/V DeltaCourt of Appeals for the Fifth Circuit · 1979
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