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UNIVERSITY OF TEX. MED. BRANCH AT GALVESTON v. U.S.

No. 75-2767.

557 F.2d 438 (1977)

Complaint of the UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON, et al. The UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON et al., Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 12, 1977.

Attorney(s) appearing for the Case

Dan H. Hinds, F. E. Billings, Houston, Tex., John L. Hill, Atty. Gen. of Tex., Jack Sparks, John Reeves, Austin, Tex., Adrian F. Levy, Galveston, Tex., L. Glen Kratochvil, Houston, Tex., Bryan F. Williams, Jr., Galveston, Tex., Alan S. Dale, Houston, Tex., for plaintiffs-appellants.

Edward B. McDonough, Jr., U. S. Atty., Robert Darden, Asst. U. S. Atty., Houston, Tex., Emmett B. Lewis, Admiralty & Shipping Section, William G. Kanter, Civ. Div., Dept. of Justice, Washington, D. C., for defendant-appellee.

Arthur L. Schechter, Houston, Tex., for other interested parties.

Before GOLDBERG and HILL, Circuit Judges and KERR, District Judge.

GOLDBERG, Circuit Judge:

This case casts us adrift on muddied waters that lie at the convergence of two desultory streams of nineteenth century thought. On the one hand, Congress sought to ensure that navigable waterways remained free of obstructions, including sunken vessels. Accordingly, it prohibited the negligent creation of such obstructions by enacting the Wreck Act, a portion of the Rivers and Harbors Act of 1899 (1899 Act).1 On...

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