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DRAKE TOWING CO., INC. v. MEISNER MARINE CONST. CO.

No. 84-7478.

765 F.2d 1060 (1985)

DRAKE TOWING COMPANY, INC., Plaintiff-Appellee, Cross-Appellant, v. MEISNER MARINE CONSTRUCTION COMPANY, et al., Defendants-Appellees, v. UNITED STATES of America, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied September 13, 1985.

Attorney(s) appearing for the Case

R. Scott Blaze, Civ. Div., Torts Branch, Dept. of Justice, Washington, D.C., for U.S.

Donald C. Radcliff, Mobile, Ala., for Drake.

Before VANCE and JOHNSON, Circuit Judges, and MORGAN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied September 13, 1985.

LEWIS R. MORGAN, Senior Circuit Judge:

The Dauphin Island Bridge crosses the Gulf Intracoastal Waterway, which runs east to west, in Mobile County, Alabama. As found by the district court, the "project channel" in the vicinity of the bridge has a width of approximately 150 feet and runs roughly down the middle of the Waterway. It is subsumed within the Waterway's "navigable channel." The navigable...

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