State of Maryland Department of Natural Resources Potomac River Fisheries Commission v. Charles Thomas Kellum C.G. Willis, Inc.

Vacated and remanded by published opinion. Judge WIDENER wrote the opinion, in which Justice POWELL and Judge WILLIAMS joined.

OPINION

WIDENER, Circuit Judge:

Defendants C.G. Willis, Inc. and Captain Charles Kellum, appeal an order of the district court granting summary judgment in favor of plaintiffs, the Maryland Department of Natural Resources and the Potomac River Fisheries Commission, and imposing strict liability as a matter of law for damages to an oyster bar that occurred when their barge went aground in tidewater of the lower Potomac River within the State of Maryland. We hold that, as…