Orange Beach Water, Sewer & Fire Protection Authority v. M/V Alva

HENDERSON, Circuit Judge:

This is a suit in admiralty, in personam and in rem, arising out of damage to the plaintiff’s submarine water pipeline when it was struck by an unidentified vessel passing on the Gulf Intracoastal Waterway (the Waterway) near Mobile, Alabama. In its complaint the plaintiff, Orange Beach Water, Sewer and Fire Protection Authority (Orange Beach), charged the defendants (collectively, the ALVA) with obstruction of navigation in violation of 38 U.S.C. § 409 and applicable regulations by mooring the M/V ALVA and her tow at or near the pipeline crossing. The ALVA responded…