HINES, INC. v. UNITED STATES

No. 75-1765.

551 F.2d 717 (1977)

HINES, INCORPORATED, a corporation, as owner and operator of the M/V THOMAS W. HINES, BARGES HINES 411B and HINES 414 and as Charterer and Operator and Owner Pro Hac Vice of the BARGE HINES 410, for Limitation of or Exoneration from Liability, Petitioner-Appellant, v. UNITED STATES of America, Claimant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 2, 1977.

As Amended on Rehearing June 23, 1977.


Attorney(s) appearing for the Case

Wilder Lucas, Joseph A. Murphy, Lucas & Murphy, St. Louis, Mo., James G. Wheeler, Wheeler, Myre & Myre, Ky., Paducah, Ky., for petitioner-appellant.

Donald Kronenberger, Admiralty & Shipping Section, Dept. of Justice, Washington, D.C., George J. Long, U.S. Atty., Louisville, Ky., for claimant-appellee.

Before EDWARDS and CELEBREZZE, Circuit Judges, and HOGAN, District Judge.


EDWARDS, Circuit Judge.

This is a case of first impression involving a conflict between two statutes in the field of Admiralty. They are the Limitation of Liability Act, adopted in 1851, 46 U.S.C. § 181 et seq. (1970), and the Rivers and Harbors Act, originally passed in 1899, 33 U.S.C. § 401 et seq. (1970). We believe that the plain purposes of the Rivers and Harbors Act which we construe here cannot be served by subordinating it to the Limitation...

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