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UNITED STATES v. LOGAN & CRAIG CHARTER SERVICE

No. 81-1827.

676 F.2d 1216 (1982)

UNITED STATES of America, Appellant, v. LOGAN & CRAIG CHARTER SERVICE, INC., in personam and M/V Margie Logan, its engines, tackle, appurtenances, etc., in rem and Nine Unknown Barges, in rem, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 5, 1982.

Attorney(s) appearing for the Case

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C., Robert Kingsland, U. S. Atty., St. Louis, Mo., Allen Van Emmerik, Rosemary A. Denson, U. S. Dept. of Justice, Washington, D.C., J. Lawrence Barnett, Army Corp. of Engineers, of counsel, for appellant.

Frank J. Dantone, Bruce E. Hampton, Henderson, Duke & Dantone, Greenville, Miss., for appellees.

Before LAY, Chief Judge, and ROSS and McMILLIAN, Circuit Judges.

LAY, Chief Judge.

This is a suit brought by the United States for damage to an extension of a lock on the Mississippi River. On October 14, 1976, the M/V Margie Logan, a diesel towboat owned and operated by Logan & Craig Charter Service, Inc., approached Lock and Dam No. 26 (located on the Mississippi River near Alton, Illinois) heading south with nine loaded barges in tow. A 600 foot long concrete guidewall extends upriver along the bank from the lock gates....

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