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UNITED STATES v. FEDERAL BARGE LINES, INC.

No. 77-1527.

573 F.2d 993 (1978)

UNITED STATES of America, Appellant, v. FEDERAL BARGE LINES, INC., Dundee Cement Company in personam, and M/V TOM TALBERT, her engines, tackle, etc., in rem, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 30, 1978.

As Amended on Denial of Rehearing and Rehearing May 11, 1978.

Attorney(s) appearing for the Case

Emmett B. Lewis, Admiralty & Shipping Section, U. S. Dept. of Justice, Civ. Div., Washington, D. C., argued, for appellant; Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., Barry A. Short (former U. S. Atty.), St. Louis, Mo., Ronald R. Glancz, Clayton G. Ramsey, Attys., Dept. of Justice, Washington, D. C., on brief.

Lucian Y. Ray of Ray, Robinson, Keenen & Hanninen, Cleveland, Ohio (argued), Joseph A. Murphy of Lucas & Murphy, St. Louis, Mo., on brief, for appellee, Dundee Cement Co.

Elmer Price (argued), of Goldstein & Price, St. Louis, Mo., on brief, for appellees, Federal Barge Lines, Inc. and M/V Tom Talbert.

Before LAY and BRIGHT, Circuit Judges, and SCHATZ, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc May 11, 1978.

BRIGHT, Circuit Judge.

The United States appeals from the dismissal of its complaint against Federal Barge Lines, Inc., Dundee Cement Company, and the M/V Tom Talbert. The Government brought the action under sections 10, 14, and 15 of the Rivers and Harbors Act of 1899, 33 U.S.C. §§ 403, 408, and 409 (1970), to recover the expenses incurred in salvaging a barge owned by Dundee...

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