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LANE v. UNITED STATES

No. 74-2169.

529 F.2d 175 (1975)

Willard H. LANE, Appellee, v. UNITED STATES of America, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 25, 1975.

Attorney(s) appearing for the Case

Alfred H. O. Boudreau, Jr., Atty., U. S. Dept. of Justice, Washington, D. C. (Carla A. Hills, Asst. Atty. Gen., New York City, David H. Hopkins, U. S. Atty., Norfolk, Va., and Morton Hollander, Atty., U. S. Dept. of Justice, Washington, D. C., on brief), for appellant.

Geoffrey F. Birkhead, Norfolk, Va. (Crenshaw, Ware & Johnson, Norfolk, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, WIDENER, Circuit Judge, and HALL, District Judge.

HAYNSWORTH, Chief Judge:

In a suit in admiralty arising out of the collision of a cabin cruiser with a sunken barge, the district court concluded that the United States had violated a mandatory duty either to remove the wreck or to mark it and awarded damages to the vessel's owner. We think the 1965 amendments to one of the statutes makes the duty not mandatory but discretionary, but remand for consideration of the question whether failure to remove or mark the wreck...

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