UNITED STATES v. ZUBIK

No. 13516.

295 F.2d 53 (1961)

UNITED STATES of America, Appellant, v. Charles ZUBIK.

United States Court of Appeals Third Circuit.

Decided September 27, 1961.


Attorney(s) appearing for the Case

Mark R. Joelson, Washington, D. C. (William H. Orrick, Jr., Asst. Atty. Gen., Hubert I. Teitelbaum, U. S. Atty., Pittsburgh, Pa., Alan S. Rosenthal, Dept. of Justice, Washington, D. C., on the brief), for appellant.

Donald L. Very, Pittsburgh, Pa. (Campbell, Casteel & Thomas, Pittsburgh, Pa., on the brief), for appellee.

Before MARIS, KALODNER and FORMAN, Circuit Judges.


KALODNER, Circuit Judge.

Is the United States entitled to recover the cost of removing a wrecked vessel obstructing a navigable river from its owner who negligently sank the vessel and failed to remove it, after demand, in violation of the Rivers and Harbors Act of 1899, as amended ("Act").1

That is the primary question, of first impression, presented by this appeal by reason of the negative answer given to it by the District Court...

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