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UNITED STATES v. TUG COLETTE MALLOY

No. 74-1144.

507 F.2d 1019 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. TUG COLETTE MALLOY et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 18, 1975.

Attorney(s) appearing for the Case

J. Martin Green, Beaumont, Tex., William D. Deakins, Jr., Houston, Tex., for defendants-appellants.

Anthony J. P. Farris, U. S. Atty., Charles B. Wolfe, Jack Shepherd, Robert Darden, Asst. U. S. Attys., Houston, Tex., Morton Hollander, Chief, Appellate Sec., Civ. Div., Robert E. Kopp, James C. Hair, Jr., Harry R. Silver, Attys., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before TUTTLE, RONEY and GEE, Circuit Judges.

GEE, Circuit Judge:

On the foggy morning of March 16, 1968, the loaded tank barge LSC 100-C, in the tow of the Tug COLETTE MALLOY, struck and damaged the north sector gate of the West Brazos River Floodgates. The United States, as owner of the Brazos River Floodgates, brought suit in admiralty against the Tug COLETTE MALLOY and the Barge LSC 100-C, in rem, and their owner, Levingston Shipbuilding Company, in personam. The United States also sought penalties...

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