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UNITED STATES v. NORFOLK, BALTIMORE AND CAROLINA LINE, INC.

No. 11124.

382 F.2d 208 (1967)

UNITED STATES of America, Appellee, v. NORFOLK, BALTIMORE AND CAROLINA LINE, INCORPORATED, Appellant.

United States Court of Appeals Fourth Circuit.

Decided July 26, 1967.

Attorney(s) appearing for the Case

John P. Harper, Norfolk, Va. (Worthington, White & Harper, Norfolk, Va., on brief), for appellant.

Kathryn H. Baldwin, Atty., Dept. of Justice (Barefoot Sanders, Asst. Atty. Gen., David L. Rose and Robert E. Kopp, Attys., Dept. of Justice, and Claude V. Spratley, Jr., U. S. Atty., on brief), for appellee.

Before SOBELOFF, BOREMAN and CRAVEN, Circuit Judges.

SOBELOFF, Circuit Judge:

This appeal is from a judgment in favor of the United States, which had proceeded by libel in personam against the Norfolk, Baltimore and Carolina Line, Inc., to collect a statutory penalty of $100 for the negligent operation of its tug MARYLAND in violation of 46 U.S. C. §§ 526l and 526o.

The undisputed facts are as follows: About 3:00 a. m. on January 10, 1965, the tug MARYLAND was pushing a barge through...

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