Legal Opinion

United States v. Arrow Transportation Company, Tennessee Valley Sand & Gravel Company, in Personam and M/v Alamo (Ex-Atco), Etc.

Court of Appeals for the Fifth Circuit

Decided October 8, 1981No. 79-2290PublishedCited by 24 opinions

1Opinion of the Court

SIMPSON, Circuit Judge;

The United States brought this suit in admiralty under the Rivers and Harbors Act of 1899, 33 U.S.C. § 401 et seq., more specifically 33 U.S.C. §§ 403, 409, 411 and 412, 1 to recover the cost of removing a barge from the bottom of the Tennessee River and statutory penalties. The district court found for the defendants on the theory that laches operated against the United States and was a bar to the action. We reverse.

On January 24, 1949, Barge W-222 sank in the Tennessee River next to the Southern Railroad Bridge at mile 304.4. The barge was in tow of M/V Ateo (since…

2Cases cited10 opinions

  1. Costello v. United StatesSupreme Court of the United States · 1961
  2. United States v. SummerlinSupreme Court of the United States · 1940
  3. United States v. CaliforniaSupreme Court of the United States · 1947
  4. 5 Fair empl.prac.cas. 587, 5 Empl. Prac. Dec. P 8460 United States of America v. Georgia Power Company, Charles King v. Georgia Power CompanyCourt of Appeals for the Fifth Circuit · 1973
  5. United States v. ThompsonSupreme Court of the United States · 1879

5 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Karl Savoury v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2006
  2. S.E.R., Jobs for Progress, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1985
  3. Herman v. South Carolina National BankCourt of Appeals for the Eleventh Circuit · 1998
  4. Reich v. Valley National Bank of ArizonaDistrict Court, S.D. New York · 1993
  5. United States v. Miguel Arnaldo Delgado, Deepak KumarCourt of Appeals for the Eleventh Circuit · 2003

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