SEABOARD COAST LINE R. CO. v. COLEMAN

No. 75-2671.

562 F.2d 1008 (1977)

SEABOARD COAST LINE RAILROAD COMPANY, Petitioner, v. William Thaddeus COLEMAN, Jr., Secretary of Transportation, and the United States Coast Guard, Department of Transportation, Respondents.

United States Court of Appeals, Fifth Circuit.

November 11, 1977.


Attorney(s) appearing for the Case

Malcolm Maclean, Charles Edwards, Savannah, Ga., John W. Weldon, Edward A. Charron, Jacksonville, Fla., for petitioner.

William T. Coleman, Jr., Sec. of Transportation, U. S. Dept. of Transp., Rex E. Lee, Asst. Atty. Gen., William Kanter, Atty., Eloise Davies, Ronald R. Glanz, Appellate Sec., Civil Div., Dept. of Justice, Washington, D. C., for respondent.

Before BROWN, Chief Judge, THORNBERRY, Circuit Judge, and MILLER, Associate Judge.


JOHN R. BROWN, Chief Judge:

This bridge-over-troubled-waters, or more accurately, this troubled-bridge (owner)-over-navigable waters case arises under the Truman-Hobbs Act, 33 U.S.C.A. §§ 511-524, for review of an order of the United States Coast Guard disallowing Government participation in the cost of permanently relocating a railroad communication wireline. We reverse.

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