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AGRI-TRANS CORP. v. GLADDERS BARGE LINE, INC.

No. 82-4383.

721 F.2d 1005 (1983)

AGRI-TRANS CORPORATION, Plaintiff-Appellee, v. GLADDERS BARGE LINE, INC., et al., Defendants-Appellees, and United States of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 27, 1983.

Attorney(s) appearing for the Case

Allen Van Emmerik, Civil Div., Torts Branch, Dept. of Justice, Washington, D.C., for defendant-appellant.

Courtenay, Forstall & Grace, Francis A. Courtenay, Jr., John S. Hunter, New Orleans, La., Lane & Henderson, Joel J. Henderson, Edward D. Lamar, Greenville, Miss., for Gladders Barge Line.

William E. O'Neil, Machale A. Miller, New Orleans, La., for Agri-Trans.

Before REAVLEY, RANDALL and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We are called upon to resolve the obligations of a non-negligent owner of a sunken barge, a negligent sinker, and the United States government. We hold that the non-negligent owner may abandon the wreck, thereby escaping liability for raising it, and that the responsibility for raising the wreck then devolves on the government, which may recover its costs from the negligent sinker if the wreck is shown to pose an obstacle to...

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