UNITED STATES v. OHIO VALLEY COMPANY, INC.

No. 74-1539.

510 F.2d 1184 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. OHIO VALLEY COMPANY, INC., in personam, and M/V JOHN FITZGERALD, her engines, tackle, appurtenances, etc., in rem, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 10, 1975.


Attorney(s) appearing for the Case

William P. Kardaras, New York City, Richard C. O'Connor, New Albany, Ind., for defendants-appellants.

Harry R. Silver, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before SWYGERT, Chief Judge, and CUMMINGS and SPRECHER, Circuit Judges.


SPRECHER, Circuit Judge.

The primary issue on appeal is whether the defendant-vessel is strictly liable for all of the damage it caused to property of the United States pursuant to sections 14 and 16, Rivers and Harbors Act of 1899, 33 U.S.C. §§ 408, 412,1 and is thereby precluded from limiting liability by showing that the damages were incurred "without the privity or knowledge of...

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