Legal Opinion

Complaint of the University of Texas Medical Branch at Galveston the University of Texas Medical Branch at Galveston v. United States

Court of Appeals for the Fifth Circuit

Decided August 12, 1977No. 75-2767PublishedCited by 70 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

This case casts us adrift on muddied waters that lie at the convergence of two desultory streams of nineteenth century thought. On the one hand, Congress sought to ensure that navigable waterways remained free of obstructions, including sunken vessels. Accordingly, it prohibited the negligent creation of such obstructions by enacting the Wreck Act, a portion of the Rivers and Harbors Act of 1899 (1899 Act). 1 On the other hand, Congress sought to ensure that American shipping attracted investment capital that the threat of unlimited economic exposure might divert to…

2Cases cited24 opinions

  1. Wyandotte Transportation Co. v. United StatesSupreme Court of the United States · 1967
  2. United States v. Republic Steel Corp.Supreme Court of the United States · 1960
  3. Maryland Casualty Co. v. CushingSupreme Court of the United States · 1954
  4. The Main v. WilliamsSupreme Court of the United States · 1894
  5. United States v. Perma Paving Co., Inc., and Anthony Rose, and Third-Party United States of America v. The City of New York, and Third-PartyCourt of Appeals for the Second Circuit · 1964

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3Cited by70 opinions

  1. Southern Scrap Material Co. v. Abc InsuranceCourt of Appeals for the Fifth Circuit · 2008
  2. United States v. City of Redwood City, California and Albert v. Pinotti, Individually and Dba the People's Police PatrolCourt of Appeals for the Ninth Circuit · 1981
  3. Continental Oil Company v. Bonanza Corporation, and Republic Insurance CompanyCourt of Appeals for the Fifth Circuit · 1983
  4. In the Matter of the Complaint of Hercules Carriers, Inc., Etc., Plaintiff v. State of Florida, Department of Transportation, Defendants- in the Matter of the Complaint of Hercules Carriers, Inc., Etc., Cross v. State of Florida, Department of Transportation, CrossCourt of Appeals for the Eleventh Circuit · 1985
  5. Tennessee Valley Sand & Gravel Co. v. M/V DeltaCourt of Appeals for the Fifth Circuit · 1979

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