Legal Opinion

Smith v. United States

Court of Appeals for the Fifth Circuit

Decided August 7, 1978No. 78-1488PublishedCited by 37 opinions

1Per curiam

In August 1975, plaintiff Dick Meyers Towing Service, Inc. (Meyers), was operating tugboats and other vessels on the Black Warrior River in Alabama, near the Bankhead Lock and Dam. On August 11, 1975, the lock failed and the river was closed to traffic until five months later when the lock was repaired and the river reopened to commerce. Plaintiff alleged that the failure of the lock was due to defendant Eby’s negligent construction of the lock and defendant United States’ negligence in maintaining and operating it. The cessation of commerce and transportation caused economic harm to the…

2Cases cited9 opinions

  1. Robins Dry Dock & Repair Co. v. FlintSupreme Court of the United States · 1927
  2. Garland Wayne Kelly and Allen Eugene Kelly, Sr. v. J. C. Smith and Chicot Land Company, Inc.Court of Appeals for the Fifth Circuit · 1973
  3. Kinsman Transit Company v. City of BuffaloCourt of Appeals for the Second Circuit · 1968
  4. Florida East Coast Railway Co. v. United StatesCourt of Appeals for the Fifth Circuit · 1975
  5. Kaiser Aluminum & Chemical Corporation v. Marshland Dredging Company, Inc.Court of Appeals for the Fifth Circuit · 1972

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3Cited by37 opinions

  1. Frederick E. Hopper v. United States Parole CommissionCourt of Appeals for the Ninth Circuit · 1983
  2. Robert Michael Hanahan v. Dennis M. Luther, Warden and William Pilcher, Chief Probation OfficerCourt of Appeals for the Seventh Circuit · 1982
  3. George Heath v. United States Parole Commission and Robert Henderson, Superintendent of Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 1986
  4. Dennis Luther v. Vincent MolinaCourt of Appeals for the Seventh Circuit · 1980
  5. Charles Curtis Harris v. Irl Day, Warden United States Parole CommissionCourt of Appeals for the Tenth Circuit · 1981

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