American River Transportation v. United States, Corp of Eng

RILEY, Chief Judge,

dissenting.. Because I agree with the district court’s well-reasoned decision, I respectfully dissent.

A. Injunction

The majority correctly recognizes “that the government need not appear in [a] limitation proceeding at all to assert its claims when those claims are not subject to the Limitation Act,” ante at 844, but incorrectly implies that the government’s appearance in this limitation proceeding was, therefore, futile. The actual language used in the limitation injunction issued in this case states:

IT IS ... ORDERED that notice be given to all persons asserting any claims…