MS Tabea Schiffahrtsgesellschaft MBH & Co. KG v. Board of Commissioners
Court of Appeals for the Fifth Circuit
1Opinion of the Court
EMILIO M. GARZA, Circuit Judge:
The Board of Commissioners of the Port of New Orleans (“the Dock Board”) appeals from the district court’s interlocutory order dismissing the Dock Board’s failure to dredge claims against the United States for lack of subject matter jurisdiction. The Dock Board contends that the United States, through the Army Corps of Engineers, had a duty to dredge and properly maintain certain depths in the Mississippi River near the Port of New Orleans, that the Corps’ failure to dredge caused the grounding of a containership, and that the United States should be held liable…
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