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DE BARDELEBEN MARINE CORP. v. UNITED STATES

No. 29360.

451 F.2d 140 (1971)

DE BARDELEBEN MARINE CORP., As Successor in Interest to Blue Stack Towing Company, et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 8, 1971.

Attorney(s) appearing for the Case

John L. Briggs, U. S. Atty., Tampa, Fla., Michael Marks Cohen, Morton Hollander, Daniel Joseph, U. S. Dept. of Justice, Washington, D. C., William D. Ruckelshaus, Asst. Atty. Gen., for defendant-appellant.

Brendan P. O'Sullivan, Tampa, Fla., Fowler, White, Gillen, Humkey & Kinney, P. A., Tampa, Fla., of counsel, for plaintiffs-appellees.

Before JOHN R. BROWN, Chief Judge, TUTTLE and GODBOLD, Circuit Judges.

JOHN R. BROWN, Chief Judge :

This case is a novelty. It presents for our consideration such seemingly disparate questions as (i) the overlap of the Federal Tort Claims Act (FTCA) and the Suits in Admiralty Act (SIA) and (ii) the duty of the United States as cartographer. The Government presents an impressive array of theories which would preclude it from any liability. Though we reject practically all of them, we nonetheless reverse and hold that the Government should...

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