United States v. Lebeouf Bros. Barge Co., Inc., of the Tank Barge Lbtco No. 8

COLEMAN, Circuit Judge:

This libel was filed by the United States under the Oil Pollution Act, 43 Stat. 604 (1924), 33 U.S.C.A. Sections 432-434 (1957), to assess penalties against a barge which leaked oil into a lock in the Gulf Intracoastal Waterway at Algiers, Louisiana. The Court below dismissed the libel, ruling that the leakage of oil did not violate the act because it was an “unavoidable accident” and because the discharge of oil was de minimis, “ * * * not the type of discharge at which the statutory prohibition is directed”. Being of the opinion that the liability of the appellee is…