United States v. Federal Barge Lines, Inc., Dundee Cement Company in Personam, and M/v Tom Talbert, Her Engines, Tackle, Etc., in Rem

BRIGHT, Circuit Judge.

The United States appeals from the dismissal of its complaint against Federal Barge Lines, Inc., Dundee Cement Company, and the M/V Tom Talbert. The Government brought the action under sections 10, 14, and 15 of the Rivers and Harbors Act of 1899, 33 U.S.C. §§ 403, 408, and 409 (1970), to recover the expenses incurred in salvaging a barge owned by Dundee. At the close of the Government’s case, the district court concluded that the Government had failed to prove negligence, as required under 33 U.S.C. § 409, and that 33 U.S.C. §§ 403 and 408 did not apply to the…