United States v. Beatty, Incorporated

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ALLEN, District Judge.

The above-styled case was tried to the Court without a jury and is an action brought by the United States to collect a penalty, pursuant to 33 U.S.C. § 1161(b)(5), which had been assessed administratively by the Coast Guard, and to recover costs of $763.50 which it paid for the removal of oil from the Ohio River.

On September 12, 1972, the Motor Vessel Clare E. Beatty was moored overnight in the vicinity of Louisville, Kentucky. During the early morning hours of September 13th, an underwater hull fitting gave way and a portion of the…