Legal Opinion

United States v. Baycon Industries, Inc., United States of America v. O/s Industrial State, and Benton & Company, Inc.

Court of Appeals for the Eleventh Circuit

Decided November 18, 1986No. 86-3075PublishedCited by 18 opinions

1Opinion of the Court

CORRECTED OPINION

2Per curiam

The United States sued Baycon Industries, Inc. and Benton & Company under the Rivers and Harbors Act of 1899, 33 U.S.C. § 401 et seq. (1983) seeking a declaratory judgment and injunctive relief requiring the owners 1 to remove the sunken dredge ALSATIA II. The United States District Court for the Middle District of Florida found the owners negligent under Section 15 of the Act and granted the injunction. The finding was based on the doctrine of res ipsa loquitur. The owners appeal from the judgment entered by the district court holding them jointly and severally liable for…

3Cases cited9 opinions

  1. McAllister v. United StatesSupreme Court of the United States · 1954
  2. Wyandotte Transportation Co. v. United StatesSupreme Court of the United States · 1967
  3. Johnson v. United StatesSupreme Court of the United States · 1948
  4. 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
  5. United States v. Nassau Marine Corp., Central Marine Service and Canal Barge CompanyCourt of Appeals for the Fifth Circuit · 1985

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4Cited by18 opinions

  1. Irina Tesoriero v. Carnival CorporationCourt of Appeals for the Eleventh Circuit · 2020
  2. Lone Star Industries, Inc., Appellee/cross-Appellant v. Mays Towing Company, Inc., Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 1991
  3. Terry v. Carnival Corp.District Court, S.D. Florida · 2014
  4. Great American Insurance v. PrideDistrict Court, D. Maine · 2012
  5. Millan v. Celebration Cruise Operator, Inc.District Court, S.D. Florida · 2015

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