Levingston Shipbuilding Company v. The Honorable Stephen Ailes, Secretary of the Army

HUTCHESON, Circuit Judge:

By this suit Levingston Shipbuilding Company seeks to eliminate or modify the proposed fixed span bridge across the Sabine-Neches Waterway at Port Arthur, Texas. The district court dismissed the suit and entered judgment accordingly. 1 In complete agreement with this decision, we affirm.

The material facts are neither complex nor conflicting. Presently the SabineNeches Waterway is spanned by a thirty-five year old bascule-type bridge that is inadequate for, and extremely hazardous to, modern navigation. Additionally, the Waterway is too shallow and too narrow to…