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BUFFALO BAYOU TRANSPORTATION COMPANY v. UNITED STATES

No. 23308.

375 F.2d 675 (1967)

BUFFALO BAYOU TRANSPORTATION COMPANY et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

April 17, 1967.

Attorney(s) appearing for the Case

James E. Ross, Houston, Tex., Blades, Crain, Slator, Winters & Ross, Houston, Tex., for appellants.

James R. Gough, Asst. U. S. Atty., Houston, Tex., Alan S. Rosenthal, Martin Jacobs, Robert V. Zener, Attys. Dept. of Justice, John W. Douglas, Asst. Atty. Gen., Woodrow B. Seals, U. S. Atty., Washigton, D. C., for appellee.

Before HUTCHESON, COLEMAN and GODBOLD, Circuit Judges.

HUTCHESON, Circuit Judge:

This appeal is from a judgment of the district court dismissing the libel brought against the United States for property damage which resulted when libelants' barges crashed into a wrecked vessel sunken in the Mississippi River. The question presented is whether the Wreck Act1 imposed a mandatory duty upon the Secretary of the Army to remove the wreck from the river. The district court held that it did not for...

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