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UNITED STATES v. LeBEOUF BROS. BARGE CO.

No. 21532.

368 F.2d 221 (1966)

UNITED STATES of America, Appellant, v. LeBEOUF BROS. BARGE CO., Inc., Claimant of the Tank Barge LBTCO No. 8, Appellee.

United States Court of Appeals Fifth Circuit.

November 7, 1966.

Attorney(s) appearing for the Case

David L. Rose, Walter H. Fleischer, Attys., Dept. of Justice, John W. Douglas, Asst. Atty. Gen., Louis C. LaCour, U. S. Atty., Washington, D. C., for appellant.

Charles E. Lugenbuhl, New Orleans, La., for appellee, Lemle & Kelleher, New Orleans, La., of counsel.

Before JONES and COLEMAN, Circuit Judges, and HEEBE, District Judge.

COLEMAN, Circuit Judge:

This libel was filed by the United States under the Oil Pollution Act, 43 Stat. 604 (1924), 33 U.S.C.A. Sections 432-434 (1957), to assess penalties against a barge which leaked oil into a lock in the Gulf Intracoastal Waterway at Algiers, Louisiana. The Court below dismissed the libel, ruling that the leakage of oil did not violate the act because it was an "unavoidable accident" and because the discharge of oil was de minimis, "* * * not...

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