UNITED STATES v. ARROW TRANSP. CO.

No. 79-2290.

658 F.2d 392 (1981)

UNITED STATES of America, Plaintiff-Appellant, v. ARROW TRANSPORTATION COMPANY, Tennessee Valley Sand & Gravel Company, in personam and M/V ALAMO (ex-ATCO), etc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied November 9, 1981.


Attorney(s) appearing for the Case

Eloise E. Davies, Freddi Lipstein, Dept. of Justice, Civil Div., Appellate Staff, Washington, D. C., Robert v. Smyth, III, Asst. District Counsel, Army Corps of Engineers, Nashville, Tenn., for plaintiff-appellant.

Vance E. Ellefson, Margaret R. Tribble, New Orleans, La., for defendants-appellees.

Before SIMPSON, RONEY and THOMAS A. CLARK, Circuit Judges.


Rehearing and Rehearing En Banc Denied November 9, 1981.

SIMPSON, Circuit Judge:

The United States brought this suit in admiralty under the Rivers and Harbors Act of 1899, 33 U.S.C. § 401 et seq., more specifically 33 U.S.C. §§ 403, 409, 411 and 412,1 to recover the cost of removing a barge from the bottom of the Tennessee River and statutory penalties. The district court...

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