United States v. Edward J. Wilson, Frank Lorenz, and Gordon Miller, Doing Business as Ludlow Marine Basin

HINCKS, Circuit Judge.

This is an action brought by the United States to compel the defendants to remove a stmken barge from the Hudson River at Verplanck, New York. The defendants in succession each owned the barge at one time. The suit was brought under the Rivers and Harbors Acts of 1890 1 and 1899. 2

Judge Clancy found that the defendant Wilson owned the barge at the time when it sank in 1938; that Wilson sold to the defendant Lorenz who in turn sold to the defendant Miller and that as early as 1940 the Government had knowledge of the location and condition of the sunken barge. Holding that…