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UNITED STATES v. MOTOR VESSEL GOPHER STATE

Nos. 79-1401, 79-1436.

614 F.2d 1186 (1980)

UNITED STATES of America, Appellant, Cross-Appellee, v. MOTOR VESSEL GOPHER STATE, her engines, tackle, etc., in rem, and Midwest Towing, Inc., in personam, Appellee, Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 12, 1980.

Attorney(s) appearing for the Case

Allen VanEmmerik, Atty., Torts Branch, Civ. Div., Dept. of Justice, Washington, D. C., for appellant; Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D. C., Robert D. Kingsland, U. S. Atty., St. Louis, Mo., and Eloise E. Davies, Atty., Dept. of Justice, Washington, D. C., on the brief.

Gary T. Sacks, Goldstein & Price, St. Louis, Mo., for appellee; Milton I. Goldstein, St. Louis, Mo., on the brief.

Before HEANEY, BRIGHT and ROSS, Circuit Judges.

ROSS, Circuit Judge.

This is an admiralty case brought by the United States for the cost of repairs to a lock on the Mississippi River resulting from a collision of a vessel with two miter gates within the lock.

On June 30, 1975, the Motor Vessel Gopher State and her tow, owned and operated by Midwest Towing, Inc. (Midwest), collided with and damaged two upper miter gates of Mississippi River Lock 25, located at Winfield, Missouri. Damage to such a structure...

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