Legal Opinion
Agri-Trans Corporation v. Gladders Barge Line, Inc., and United States of America
Court of Appeals for the Fifth Circuit
Decided December 27, 1983No. 82-4383PublishedCited by 17 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
We are called upon to resolve the obligations of a non-negligent owner of a sunken barge, a negligent sinker, and the United States government. We hold that the non-negligent owner may abandon the wreck, thereby escaping liability for raising it, and that the responsibility for raising the wreck then devolves on the government, which may recover its costs from the negligent sinker if the wreck is shown to pose an obstacle to navigation or navigable capacity-
On April 28, 1979, the M/V Jean Glad-ders, a tug boat owned and operated by the Gladders Barge…
2Cases cited10 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Wyandotte Transportation Co. v. United StatesSupreme Court of the United States · 1967
- Complaint of the University of Texas Medical Branch at Galveston the University of Texas Medical Branch at Galveston v. United StatesCourt of Appeals for the Fifth Circuit · 1977
- Tennessee Valley Sand & Gravel Co. v. M/V DeltaCourt of Appeals for the Fifth Circuit · 1979
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Rice Researchers, Inc. v. HiterMississippi Supreme Court · 1987
- United States v. Nassau Marine Corp., Central Marine Service and Canal Barge CompanyCourt of Appeals for the Fifth Circuit · 1985
- Pillsbury Co. v. Midland Enterprises, Inc.District Court, E.D. Louisiana · 1989
- Automated Merchandising Systems, Inc. v. LeeCourt of Appeals for the Federal Circuit · 2015
- Columbus-America Discovery Group, Inc. v. Unidentified, Wrecked & Abandoned Sailing VesselDistrict Court, E.D. Virginia · 1990
12 more not listed; retrieve them via the Exa API.